GP reaction to possible negligence claim

[LovelyBath]

I moved GPs and may have a negligence claim with the previous GPs. I left after making a complaint about them not referring me to the hospital with something serious and not checking my notes to see I had a previous condition causing it.

The new GP had been a bit strange about it. I just said I'd had a difficult experience previously and was just looking to have good treatment in the future and if possible to refer me with a letter in future due to the previous experience.

I wasn't asking for an opinion on it but she started saying that they were 'on my side' then at the next appoint she had changed and told me off, 'what was I doing trying to make a fuss' and 'what did I think, I'd get good treatment just turning up at A and E'

She didn't seem to believe I was having problems caused by the previous treatment and refused to refer me...so again I ended up going to hospital.

I am so upset as I wanted to try and regain trust with the doctors after what had happened previously. I don't understand why she reacted in this way- she also said something about how they'd been advised they still had a duty of care towards me and they should see me how I am on the day. I'm unsure about this- I am a patient like any other with a medical history.

I would appreciate any advice, am unsure about making more of a 'fuss' by complaining about her, or indeed changing GP again

It's not because they know one another, it's because the complaint is now ongoing and therefore not really discuss able with other doctors or anything to do with them.
It's not a conspiracy, but if you complained about a phone company and waiting forthe outcome, the company are not going to keep going over it again once it has been/ is being looked into.
Wait for the complaint outcome/ advice.

If it is medical help etc you need now, or counselling, there is no problem of course you can have that it makes no difference whether you have made a complaint or not.

you cannot expect to discuss an ongoing complaint with anyone other than your lawyers/ experts at a conference etc. Nobody will speak to you about it, and it is nothing at all to do with taking sides or closing ranks.

If you have significant ongoing issues as a result of what happened, then perhaps you should continue your claim. However having worked in the field for a long time, you get to realise, really - a lot of people want someone to blame for an outcome they didn't like, and many clinical negligence cases take years to reach conclusion many years of stress. At times of clear and obvious care requirements or significant life derailment as a direct result of poor policy or conduct I see real merit.

However - 'To err is human; to forgive, divine' Alexander Pope

In the end, it just ends up with an agreed money pay out from the Trust...meaningless really and just harms healthcare further. There is not enough money anyway.

Thank you for the perspectives. Yes I wish in a way we didn't have the 'blame' complains culture. It makes complaints really hard work. What happened with me was, I made a complaint which didn't name anyone and just said what happened- I got such a defensive and dismissive reply back, It was a bit of a shock as I'd never complained before and it was pretty serious. It seems they were too busy to examine me properly and rather than saying for example what could have helped the situation it said things like 'facilities are not lying empty" or 'staff are not always available' and that I was sent home as I seemed healthy and happy with the painkillers given! It was just all so wrong and gave no reassurance or feeling that it wouldn't happen again or indeed that any learning had come from it.

I suppose it's difficult though as no-one wants to admit to anything because of the negligence claims process...in a way it almost hinders learning from an event which is a shame. But it is important to speak up when something has gone wrong and for me I needed to do it somehow.

I'm quite glad I didn't go ahead with the claim though, I think I was more looking for an apology and reassurance of better treatment in the future. Unfortunately that hasn't happened however changing hospitals is a good step.

And i agree about the money too, that's the main reason I stopped as I thought it was a bit much the solicitors making so much from it..if there had been more money invested maybe they'd have had more resources to do the urgent tests I needed

Hello again,

Sorry it's all been so difficult. I think getting an apology is like getting the proverbial blood from a stone.

In terms of the new consultant (who I think you said was helpful), could you ask him to write a letter that you could bring to A&E if your condition reoccurs? That would mean you could possibly cut out needing a GP letter and would mean you were taken seriously on admission. You could also show it or have it copied to your new gps so they listen, too.

Let's hope the need never arises. Hope you can get over all this. Although I, too have had some appalling treatment from one person I have met many, many other lovely people in the nhs since.

What is the condition

Matilday yep that is the plan!

Bowel obstruction

yes I completely agree most people will want an apology, which is traditionally hard to come by. some are lucky and get a letter of apology. in theory saying sorry is not the same as admitting liability, and there is encouragement to say sorry and be open and honest - duty of candour etc, post francis especially
it's a bit different suing a GP as I hospitals the NHSLA and defence unions deal with it with payment comong from the Trust, but in suing a GP you are suing the practice itself

some medical accidents and errors are the most traumatising, horrifying experiences just unimaginable. It is comforting to try to change clinical practice, guidelines, etc, affect care for future people, use what you went through to save future lives perhaps. the reality is this will very rarely happen, and many people feel even more disillusioned and unhappy after the process than before.

I do recommend it for high cost ongoing care needs, and in the cases where something is so negligent it really should be a GMC issue or a massive procedural overhaul, but for everything else I realised it actually costs the NHS all the money to your solicitors, all the money to their own solicitors, and can in some cases drive many very decent doctors into very depressed or less functional states. It is usually a systems failure, not the failure of the staff.

If you do wish to proceed though make sure you do so within 3 years in your case and be prepared to have an unsatisfactory outcome with minimal compensation. Perhaps your solicitor could advise on how to achieve an apology in this instance and allocate your case to a small claims / special cases handling solicitor at the firm

Yes in my case things really went against me because I now realise I did something very silly. At the practice they put one of their senior doctors in charge of my care after they knew what had happened and he was being really good. then I wet and changed practices and as soon as a solicitor collected records everything changed they started dismissing the pain I had (had had bad infection / ishemia after original op) saying it was in my head..then it was a serious infection again it was awful...they gave me a rubbish registrar at the hospital who again wouldn't beleive it and after several months of this I developed peritonitis and had to come in for another op. Now, they're trying to say that was just adhesions.

In conclusion, my care got a lot worse because they replaced senior staff well, not with anyone really and I got really ill. It's now probably far, far more negligent than it was in the first place but I just want to put it behind me really. There's no way I could cope with something like that now. I've got to the stage where I'm just glad to be alive!

I really wish I'd done things differently now but there we go there's no changing things. The senior GP worked for the Medical Defence Union and specialises in risk management, I've since found out. I should have stuck there but there we go.

. There is absolutely no way your medical care would be compromised by changing GP or making a complaint and there is no way you can assume this.
It's ridiculous and offensive to say doctors aren't treating you properly because you complained...doctors will treat anyone and everyone that's the whole point from alcoholics to drug addicts to obese pts .
They treat ill people they don't have their own agenda.