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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.

Has anyone sued the NHS?

60 replies

duckduckmouse · 17/10/2017 22:47

If so,

How long did the process take from collecting medical records (solicitors have requested these)

Did you have to go to court

How much were you awarded and what was it for?

OP posts:
retirednow · 19/10/2017 14:51

Hope it works out for you, don't give up when they get tough. To the poster who observed a patient and doctor discussing a case, that should not be a conversation other people can hear.

Heiderose · 19/10/2017 15:54

My mum sued & they finally settled out of court. It took nearly 6 years & a lot of fighting even with specialists & her own doctor on our side.
There were a lot of hoops to jump through, mostly used to drag it out in hopes my mum would give up.
Hospitals & doctors blaming each other all over the place & mysteriously missing notes.
One nurse got pissed off at a doctor who was trying to lay blame on her & other staff & chose to forward the doctors 'lost' notes.
Lawyer was sure that's when they decided to settle.
It was a long & hard battle but at least we have the money for her care now which is very much needed.

Allthebestnamesareused · 20/10/2017 15:05

I assume that your solicitors have already issued proceedings because these will need to have been issued within 3 years of the incident that caused the injury.

Sometimes cases will drag out because the extent of the injuries and therefore the likely cost of care, loss of earnings is not yet known and will need to settle down.

Also there are issues of causation first to be addressed (do they admit liability?) If they don't there will be the matter of establishing this first.

If they have admitted liability then it will just be a trial to decide the amount of damages payable to you.

As stated before if the full extent of any injury is known this can be resolved far more quickly than if there are worsening side effects etc and it has to be established whether you will never work again or will be back in say a year.

If they have admitted liability then your solicitor can apply for an interim payment eg. to repay those items already quantified such as money you have paid out with the remainder being paid after trial to assess damages/settlement being reached.

I am assuming that your solicitor has told you the costs implications of not accepting a reasonable offer should they make one and you fail to beat the offer at trial.

Your solicitor should, in fairness, be able to answer all the questions you are asking.

Shakey15000 · 25/10/2017 20:03

Just wanted to wish you all the best. We are almost 4years into a claim (not NHS) and it’s bloody hard work. Recently been told to expect another 12-18 months.

We email and letter box watch. Lost count of the amount of appointments in 4years worth of diaries.

I’d prepare for a long slog SadFlowers

Owen25 · 06/05/2018 02:04

I have! My claim against nhs is for the death of my mum , sepsis wasn’t picked up which resulted in her passing! My claim has been on going for 3 years , but hopefully coming to the end soon as I believe they have been given a date to pronounce medical reports , I believe if this hasn’t happened and more evidence is needed we will take it to court , long process but hopefully some sort of closure for my family is just around the corner!

OlennasWimple · 06/05/2018 02:13

ZOMBIE THREAD

7velj3s · 04/12/2018 20:05

I am hoping you could advice me why nobody wants know about my case of medical negligence. I admit it happened a long time ago, but I found out only eight months ago. All the years I thought it was act of God and nhs was there to help me, when in fact they caused it and then kept it hidden from me. My case is not that negligence happened but everything is fine now, it will never be alright. I contacted West Middlesex Hospital nhs foundation trust but they didn't want to know. Too late to make a complaint. Any crime commited in this country, never too late to seek justice but nobody can plame nhs. My case is like can of worms to be opened, something I had not heard of until eight months a go. When I first found out the shock was unbelievable, I am not able to move on it is in my mind day and night.
When I was six months pregnant I lost some blood. I went to my GP and he told me to go to ante natal clinic, ante natal clinic sent me to Chiswick maternity hospital. I was there untill my baby was born prematurely at seven months. It was overlooked that I was rh negative blood group carrying rh positive baby. That day if I was given rhogam injection everything would hace been perfect. I never heard of 'adult survivors of rh disease.' It is not something commonly discussed. I would like to know who can I turn to.

tempname111 · 04/12/2018 21:50

I would contact an independent solicitor who deals with medical negligence and as there opinion. Even though the event happened long ago (after three years is considered over the limit) there IS something called "point of knowledge" i.e. the time frame of three years applies from the "point of knowledge". I am NOT a legal expert and have no idea how common the use is, I just know it exists. Don't call a solicitor that advertises on the TV, google and find an independent one near you.

klingon85 · 08/01/2019 17:33

Well ten years ago the dreadful management of my labour resulted in my daughter have oxygen deprivation and a learning disability....I'm afraid I'm going through the legal procedure now.

tempname111 · 10/01/2019 22:14

All the best with it @klingon85

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