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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Complaints towards the NHS.

19 replies

Writerwannabe83 · 29/04/2015 01:10

Complaint is focused on negligent care causing a death.

In instances like this going through PALS just doesn't seem the right way to go, I thought it was just for minor complaints. I would have thought that for something so serious a Solicitor is the way to go straight from the start.

Can anyone give any advice?

OP posts:

MrsSquirrel · 29/04/2015 13:10

What are you trying to achieve by pursuing the complaint?

Original poster

Writerwannabe83 · 29/04/2015 17:09

It's not me, but another family member.

He wants to take legal action which is why I said a Solicitor is the way to go but he's convinced he needs to go through PALS.

OP posts:

Imnotaslimjim · 29/04/2015 17:13

PALS is the right place to start. I would leave "legal action" until its an absolute must. A complaint is completely different

Original poster

Writerwannabe83 · 29/04/2015 17:31

What do you mean, "An absolute must?"

OP posts:

thenightsky · 29/04/2015 17:43

PALS is the route to take if you want to complain.

Original poster

Writerwannabe83 · 29/04/2015 17:45

That's what I thought, I didn't think they had anything to do with legal action. I will pass that on to my relative.

OP posts:

Imnotaslimjim · 29/04/2015 19:04

If your relative feels that the complaint isn't being taken seriously, then legal action could be considered, but you're a long way off that

SauvignonBlanche · 29/04/2015 19:08

PALS is not the only route to take.
A formal complaint goes to the Cheif Exective via the Clinical Governance department. The hospital's website should have contact details.

Original poster

Writerwannabe83 · 29/04/2015 19:51

One of the doctors already admitted to us that they missed the cancer. An x-ray that taken 6 months before the death was reported as being normal but when it was reviewed prior to the death occurring the doctor said it could be seen that there were abnormal lesions. The doctor apologised and said, "In hindsight, we missed it."

I was wondering whether because the doctors have already admitted that their error led to the death then PALS could be bypassed?

OP posts:

MissDemelzaCarne · 29/04/2015 19:56

How you proceed depends entirely on what you are trying to achieve by pursuing the complaint?

frikadela01 · 29/04/2015 19:58

PALS is indeed the first port of call And they can escalate and advise where to go for there.

Be warned doctors are well known to close ranks in situations like this. Should it come to legal action the fact 1 doctor said that doesn't mean others will.

Not bad mouthing docs just seen this happen at work (I'm a nurse) docs back each other up nurses hang each other out to dry ??

Original poster

Writerwannabe83 · 29/04/2015 19:59

I don't think he knows to be honest.

The death occurred 12 months ago and he has only just found the mental and emotional strength to deal with it.

OP posts:

ChoudeBruxelles · 29/04/2015 20:01

Pals but you could also complain to the ccg as they commission the hospital to provide the services

iliketea · 29/04/2015 20:04

I think that the first port of call is always PALS - I was chatting to someone recently who knows about these things and apparently a decent solicitor will tell you that you should go through the proper hospital complaints process first.

Original poster

Writerwannabe83 · 29/04/2015 20:14

Lovely, thank you. I will pass all this on

OP posts:

beautifulgirls · 29/04/2015 20:47

For legal action you will not only need to prove that they got things wrong but also that the outcome was affected by the error. If your family are looking for compensation then the legal route is the way to go. If however you are just looking for an apology and a review of procedure then a formal complaint to the hospital via their official complaints route is the answer. You may choose to go both routes.

Original poster

Writerwannabe83 · 29/04/2015 21:51

She died from a tumour that they missed.

Following the 'clear X-ray' she was kind of left to it and over the course of 5 months she deteriorated in a horrific manner but because the x-ray had been reported as being clear the doctors started looking for other causes of illness that may have accounted for her symptoms.

Towards the end she ended up in A&E (sent by her GP because of the horrendous state she was in) and she was dead within a week

It was the day before she died, when the doctors told us she wasn't going to survive, that the doctor apologised and admitted they had missed the tumour and the x-Ray had been reported incorrectly.

OP posts:

AspieAndNT · 04/05/2015 08:21

This happened to us with my Dad. The outcome would have always been the same as he had a brain tumour but it may have given us more time with him as he would have had palliative chemo which may have helped.

My Mum did try and complain but got absolutely no where - PALS also were no help. They did help initially when he was still an inpatient and the nursing care was hugely inadequate (trying to medicate with another patients medication who had the same name, paper work with the other patient mixed with my Dad's - the list goes on).

Really depends what outcome you want and how strong you all are as it will be a huge fight to get anywhere

Draylon · 05/05/2015 09:45

This reply has been deleted

Message withdrawn at poster's request.

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