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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 anybody sued the NHS and if so how long did it take?

45 replies

dissapointedafternoon · 16/01/2018 23:59

The hospital have "lost"'more then half of my notes which my solicitor requested in November.
I'm conceded about the time line required for the case to be pursued and also if the case can go ahead without thsse?

How long did it take you from meeting your solicitor to finishing the settlement.

If so, how much were you awarded and for what did you sue them?

OP posts:
Devilishpyjamas · 17/01/2018 18:21

Of course she should be compensated if the service was negligent.

OP every person I know who has tried to follow up after a difficult birth has found the notes have been lost.

And yes it takes a long time. It’s wise to consider whether the process is worth it for you (said without judgement - I am in a similar situation with a different organisation)

helpmum2003 · 17/01/2018 18:27

I work in the NHS and believe people who have been harmed by negligence should be compensated.

You have to prove that:

(1) the care you received was not of a reasonable standard (some complications are unfortunately recognised and will occur despite good practice. But you should be informed about these prior to surgery etc)

(2) the negligent practice has caused significant problems

It's likely to take a long time.

dissapointedafternoon · 17/01/2018 18:45

I'm not delaying any treatment but my mom and dad are paying for it and it's horrible asking them.

I have been

  1. Subject to negligent treatment as in another normal competent urologist would not have acted like this.
  2. I have come to harm as a result of the nephrostomy which was not needed and I had no follow up for it which meant I was hospitalised 42 nights from 5 months pregnant
OP posts:
FrancisCrawford · 17/01/2018 21:21

This reply has been deleted

Message withdrawn at poster's request.

HoppingPavlova · 18/01/2018 00:59

Look, no-one is disputing that you have been subject to negligent treatment or that you have come to harm as a result. The upshot is that resolution via the legal avenue is going to take MANY years.

Apart from continuously repeating yourself (and again, no-one is disputing you in this regard) and being told that you are in for a long ride and wait to reach a legal resolution what more do you want from everyone? Why isn't your solicitor answering these questions? They have the particulars of your case and are best placed to give detailed advice suiting your case. If you are not happy with the solicitors acting for you or you do not feel confident in the advice they are giving you it would be best to go to another legal firm for a second opinion.

LizzieSiddal · 18/01/2018 01:36

My friend suffered medical neugligence which meant she went into cardiac arrest. It was one injection, inserted in the wrong place so was very, easy to prove. They accepted negligence and made an offer. It was lower than they had hoped but my friend took it as it wasnt all about the money.
It took 2 years altogether.

raviolidreaming · 18/01/2018 09:24

I work in the nhs and 100% support people who have been victims of poor practice in making claims against the service

Absolutely. It would be madness to just shrug off any unnecessary death / injury as 'oh well, they're doing their best' Hmm Confused

dissapointedafternoon · 19/01/2018 11:28

@HoppingPavlova

Thanks for letting me know I'm repeating myself

My solicitor hasn't secured all of my notes yet. I'm asking because of this how long it took for other people to process a claim.

If you're bored of my posts or me then just go somewhere else and focus your attention on that.

OP posts:
Chchchchangeabout · 19/01/2018 11:38

OP ignore those virtue signalling about not suing. Sorry you went through this, I hope it gets sorted.

dissapointedafternoon · 19/01/2018 12:12

@Chchchchangeabout thank you for your support, these forums can be so smiley.
I haven't said anything bad I'm only looking for some help which is what these places are supposed to be for.
I didn't ask anyone's opinion only if they had and how long.
I don't know why I even post hereStar

OP posts:
HateIsNotGood · 20/01/2018 18:42

Yes - a Consultant who was later treating me for recurrent problems said I should. It took 7 years, it wasn't easy and they will try and discredit you too. Not a big settlement at all, but a big victory.

HoppingPavlova · 21/01/2018 12:00

Okay. I still don’t understand. How long it took anyone else to settle a claim would be completely irrelevant given the details of their case would not be the same as yours and it depends on a multitude of factors. So I still don’t understand how that information would be helpful to you? As you can see from this thread examples have ranged from 2 to 15 years as every case is completely different.

NoMudNoLotus · 21/01/2018 12:09

@dissapointedafternoon you think the NHS have money OP?

Oh how very wrong you are. Biscuit

Having worked in the nhs for 20 years i have more insight into the situation than you.

duckdarlington · 21/01/2018 12:15

Since you know have permanent damage, I'm guessing you are going to require NHS services a lot in the future. Dont drain more money that they dont have, you will only make services worse for you and other people in the future. You are wasteing your time and money also.

brownelephant · 21/01/2018 12:21

@NoMudNoLotus @duckdarlington
and the op should just take the hit, loss of income due to the avoidable injuries inflicted by nhs mal treatment, cost of private treatment (to receive timely treatment)?

elisa2502 · 21/01/2018 12:21

Nice! More money out of the NHS!!!

Mrsmorton · 21/01/2018 12:29

People on here don’t seem to be able to separate compensation from actions taken for negligence.

You don’t need to sue for a doctor to be referred to the GMC, in fact, nothing needs to actually go wrong for fitness to practise to be called into question.

This is entirely separate to suing for compensation. The two can go hand in hand but they don’t need to.

If you want a doctor to change how they work, get struck off the register, be disciplined or to apologise, you need to go to the GMC.

If you want money to compensate you for pain, lost earnings, ongoing treatment and so on then you need a solicitor.

StopPOP · 28/01/2018 10:17

It always amazes me on these types of threads, the amount of comments suggesting that someone is totally unreasonable to sue the NHS.

I can only imagine that those making such comments have never been subject to negligence that has resulted in pain, suffering, long term damage but more importantly, financial loss.

What do you suggest someone in that position does, exactly??

For basic example- Someone has a routine operation, negligence occurs during it resulting in permanent damage rendering the patient unable to work. Or unable to do the same job. Or Doesn't qualify for sick pay from job. Or recovery takes ages. Or ANY scenario that results in financial loss?

Are they supposed to suck it up because it's the blessed NHS? On the verge of losing your home due to no income due to negligence? How very dare you sue the NHS to recoup what you would have earned had it not been THEIR fault! Confused

Genuinely don't get this blanket viewpoint.

dissapointedafternoon · 29/01/2018 11:13

@StopPOP

Thank you so much for this message. I feel you have explained my stance very clearly and fairly.

Best
G

OP posts:
Pardalis · 01/02/2018 22:47

3 years from event to payment of claim

In my case, the NHS admitted 6 separate failings in care in their own major incident report. So it wasn't much of a fight at all

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