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Nhs negligence claim

9 replies

Mum2threexx · 26/08/2024 06:54

Bit of back story...
In 2019 my mom developed a continuous cough and hoarseness to her voice which was raised as a concern by her then current cancer specialist (she had been treated for cervical cancer). This specialist made a referral for my mom to have a biopsy with a ENT, and a MRI scan of her head, neck, chest, the biopsy come back as a pre cancerous tumour, which at this point they should of kept an eye on with regular follow up appointments but didn't tell my mom of these results and she was just lost in the system and no follow up appointments was made. Over the next 3 years my mom attended numerous appointments and hospital visits due to this on going cough, and worsening symptoms like short of breath, coughing up secretions and she was just palmed off with inhalers, antibiotics told its COPD. She was referred to ENT after being pushy again about needing a second opinion and they made and cancelled a total of 4 appointments and she never got to see them. These symptoms just kept getting worse and worse to the point certain ways she lay she would struggle to breath, she would choke on food and liquids and the feeling of being suffocated and losing a huge amount of weight. She was at mine and was choking on soft food I prepared for her, she turned blue around the lips and I knew something wasn't right, it was more then COPD, so I called an ambulance, still there was nothing to worry about and they refused to take her to hospital as her blood pressure, heart rate ect was fine, when I told them exactly what happened and her symptoms she had been suffering for several months they just looked at me like I was a idiot, and I shouldn't be trying to do their job for them. At this point enough was enough and I booked a emergency GP appointment and he referred my mom back to ENT clinic. After months and months fighting for this appointment my mom finally got one, she had a camera down her throat and a biopsy which revealed she had a large tumour and narrowing Airways she was diagnosed with T4 laryngeal cancer. Due to her late diagnosis and her tiny 5 stone body not being able to take much the only option was to try and extend her life with a operation to remove the tumour and my mom jumped at the chance even knowing it was coming with high risk. While in theater under anethetic she unfortunately had a heart attack and they had to stop the surgery and fit her with a tracky to help her to breath. When I went to visit my mom the specialist pulled me a side looked at me and told me there was nothing else he could do and proceeded to tell me that all of this could of been prevented if they had done their job properly back in 2019, my mom took in all of the conversation. Over the next month life was extremely difficult, days before Christmas she contracted pneumonia and we was told to prepare for the worst, she had all signs she was going to pass, but miraculously pulled through, but from this point she was fighting with any strength she had to carry on, we was blessed to have until January until she finally took her last breath. Before passing she told me to make a medical negligence claim on her behalf which I was so unsure about but done so for my mom. We are now at the stage of submitting the claim to the nhs and waiting on a letter of response, which is due the 28th of this month after an requested extension from nhs. I mainly want to know why she fell under the radar, why was she lost in the system? I want them to learn from this mistake and hopefully if it just saves 1 person from going through what I seen my poor mom go through my jobs done! But my questions are what happens next? If they accept they was negligent will we get that apology and explanation? Will it then lead to a offer of settlement? (If so whens this likely to happen). Can they request even more time? What are the next steps after this? I just want it to be all over now as I need this time to grieve properly which I felt like I haven't been able to do as I'm still fighting for answers. It's not about the money although it will be a huge help it's most importantly doing what my mom asked of me and getting the answers. The waiting and waiting is killing me inside. I don't know how much longer it's going to take? If anyone can give me any advice please do so.
Thank you

OP posts:
MySocksAreDotty · 26/08/2024 06:57

I’m so sorry that happened to your Mum and your family 💐

Mum2threexx · 26/08/2024 07:00

Thank you 😞 xx

OP posts:
Sziasztok · 26/08/2024 07:09

I’m sorry. It was a similar story with my Dad. We filed an official complaint via the GMC. It was stressful and cost a fortune as we had to request the copying of his medical records. We were told our complaint was rejected. Our view was that doctors pull together to cover for each other, and found that the GP’s partner was also a big noise in the GMC.

Unfortunately lightning struck in the same place and my Mum was diagnosed with terminal lung cancer and given weeks to live, when the doctor had refused to see her and fobbed her off with a pulled muscle for over two years, when she tried to see a doctor due to chest pains and shortness of breath.

Soontobe60 · 26/08/2024 07:09

It sounds like your DM was becoming increasingly unwell during lockdown, which could have had an impact on her. However, you would have to be able to prove any negligence - can you show evidence to prove your DM wasn’t told of the presence of a tumor early on? Or indeed that there even was a tumor? Proving negligence is extremely hard. You’ve said she should have had follow up appointments which didn’t happen, but them go on to say she had numerous appointments over the next 3 years.
I would recommend you ask her GP for a follow up appointment to go through her medical records which may clarify some of your concerns.
If errors have been made then of course something should be done. I would be very surprised if there was a payout made though.

Blueberry40 · 26/08/2024 07:38

Sorry you are going through this op. Just from my experience, it will take a few years for settlement and there is likely to be back and forth around this. My main reasons for doing this were to try and make sure nobody had to experience similar (so a change in procedures) and an apology/admission of fault. Neither of these things happened and they will most likely not happen for you unfortunately - to do that would mean not settling out of court and unless you have unlimited funds that won’t happen.

My solicitor advised that they will never outright apologise for anything unless taken to court as that would be a straightforward admission of fault and the settlement would have to be a lot higher. The irony was that we really didn’t care about the money- it was never about that, it was about trying to trigger a review of procedures to make sure nobody experienced what we did.

Oblomov24 · 26/08/2024 08:21

I'm so sorry. I find they all rally round eachother, support eachother and actually proving negligence is incredibly hard. Even when you can prove it, they aren't sorry. They just aren't. You are just a number. When you realise this it's soul destroying.

Mum2threexx · 26/08/2024 08:55

Yes we have a full copy of her medical records that we have been through with a solicitor and cancer specialist from a ENT different hospital who's been a huge support, there's no record that ENT made any follow up appointments with these results or anything that states they tried to contact her, due to her being high risk after finding a pre cancerous tumour they should make follow up appointments every 4-5 months so they could of potentially caught the cancer in time, this all happened at the beginning of 2019 before covid was a proper thing here and before it started having effect on our NHS, and the following appointments my mom had was appointments she made herself was due to worsening symptoms so phone appointments with gp, ambulance called for symptoms like choking, struggling to breath etc.. non of them have gone on to look at previous records of this pre cancerous tumour otherwise they would of been well aware that the symptoms she was having all indicated to the the type of cancer she passed away from x

OP posts:
Offredismysister · 26/08/2024 09:05

How awful for you, I’m sorry this happened. You will probably get an apology that doesn’t admit negligence, but apologises for the way you are feeling. You won’t get a settlement. Settlements are usually reserved for disabling a person during an operation or for killing someone by giving an incorrect medication etc.

Mum2threexx · 26/08/2024 09:29

Offredismysister · 26/08/2024 09:05

How awful for you, I’m sorry this happened. You will probably get an apology that doesn’t admit negligence, but apologises for the way you are feeling. You won’t get a settlement. Settlements are usually reserved for disabling a person during an operation or for killing someone by giving an incorrect medication etc.

Solicitor seems to think we will, due to them finding the pre cancerous tumour and then not following procedures to make them follow up appointments which should of took place, then failing to look back at records and the gp not referring her back to ENT Once he realised that appointments never took place, all this had a effect on my mom not having a early diagnosis which then led to her death

OP posts:
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