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Original poster

Does anyone know how easy it is to sue a hospital??

35 replies

jennybensmummy · 09/04/2009 11:03

quick background my son has autism and the paediatrician we had left in the summer, since then there has been various locums who dont stay long. we saw one of these in november dr A who was horrible to me in appointment saying i was depressed and i was the centre of bens problems - there is not evidence of any link between depression and autism, then she sent a clinic letter also saying the same. then recently the diability living allowance people dwp sent a form to the paediatrician asking about my son we were then refused the mobility component we had applied for, to see if the reason was obvious from the paeds reply i asked (as youre within your rights to do) for a copy of this form the paed had filled in. well it arrived yesterday and in the further information section the paed (a different one another locum who has never seen us - so this is obviously written in my sons notes) has written "mother has depressive illness including post natal psychosis and needed medication and counselling" now i have never has post natal psychosis only post natal depression which is very different, and even then its nothing to do with my sons autism. i have checked with gp and health visitor and they have no records saying any paed has asked for my notes and they would need my permission anyway to see them, and in my notes there is no mention of post natal psychosis as i never had it. so can i sue them for this???

OP posts:
PeachyWithTheBirthdayBas · 09/04/2009 11:10

You'd need to ask for legal advice from someone who had your exact file I think but it is never esy to sue the NHS....two people we both know have suffered the lost notes excuse to start!

I've never seen any evidence of maternal depression causing asd either (there is a link between asd and depresion in the person with the ASD) but my guess is it was a loose accuisation of a bonding (attachment) disorder instead of ASD. presumably if Paed had been so concerned they'd have referred you to SS / CAHMs / brought in HV.

Puerperalpsychosis and PND are indeed different; yet not one of my famillies (in my last job) where Mum had had PP had a child with eventual dx of ASD so I'd be amazed to see a link (but always interested....) there,tbh.

As a start i'd get the copy of notes requested: full copy from GP. HV, Paed. Less time for them to lose them and the info you need

georgimama · 09/04/2009 11:13

In a word, no. But I don't specialise in clinical negligence, so I would suggest you find a local solicitor who has a legal aid franchise for clinical negligence and ask for a free 30 minute appointment, but in short, I would have thought not.

Clinical negligence means that you (or your child) has suffered injury as a result of treatment which falls below the standard expected of a reasonably competent practitioner of that type - ie what a reasonably competent paediatrician would consider reasonable in the circumstances.

This isn't about treatment, it's about unprofessionalism. You haven't suffered any loss as such, just hurt feelings. You can certainly complain to PALS at the hospital, the Trust, and escalate to the Royal College of Surgeons or other regulatory body, but it's not really a matter which is going to attract an award of damages. I wouldn't have thought so anyway.

LilRedWG · 09/04/2009 11:14

It is difficult, but possible. I do know of someone who did it, but it took at least six years to be resolved

MaryMotherOfCheeses · 09/04/2009 11:17

You want to sue the NHS for a comment in your notes? Nice.

kidcreoleandthehotcrossbuns · 09/04/2009 11:20

Maybe contacting the hospital/dr involved through a solicitor and requesting and appology would be a better way to go than trying to sue them.
The way I see it the Dr has documented something that is incorrect and this has been very upsetting for you. I don't think it really warrants a pay out though.

justaboutback · 09/04/2009 11:24

This reply has been deleted

Message withdrawn

kidcreoleandthehotcrossbuns · 09/04/2009 11:25

Have you seen your son's medical notes as I assume that this information must be documented in them and that the Dr who filled out the form simply copied the information from them. In which case this isnt the Dr's fault, as you say he has never met you.

IheartEASTEREGGS · 09/04/2009 11:29

I assume that you've lost income from the refusal of benefits due to incorrect comments and that is what you are thinking of sueing for (not just hurt feelings as some people are sayin!!)
I'd try every other way of getting the money back first tbh as it is hard to sue the NHS.
Could you get a written retraction of the incorrect statement and send that recorded delivery with a letter of your own to the DLA people asking them to reonsider your case and provide back payments?

herbietea · 09/04/2009 11:31

This reply has been deleted

Message withdrawn

Original poster
jennybensmummy · 09/04/2009 11:46

it isnt just hurt feeling, they are happily sending this informationto people like social services too its wrong and its my sons notes not mine!
yes asking for written apology etc just feel that for this to be made is not right and more than just hurt feelings

OP posts:
Original poster
jennybensmummy · 09/04/2009 11:49

and only reason im asking about sueing particularly as that this isnt the first time they have done this in my sons notes either about me things that are incorrect along a similar lines, if they send this to social services it implies i could harm my son and that will be taken seriously so maybe to some of you its just hurt feelings but it could lead to much more quite easily as things are at the moment thats why i am worried

OP posts:
Lilymaid · 09/04/2009 11:49

You are therefore proposing to sue the hospital for libel?

morningpaper · 09/04/2009 11:52

I'm not sure why you are talking about suing. But in your situation, it might be a good idea to contact PALS and perhaps talk this through with them and if appropriate, then ask for the complaints procedure.

PALS

morningpaper · 09/04/2009 11:53

suing sueing

georgimama · 09/04/2009 11:53

What ill effect has actually been suffered though? Arguably none - "could lead to much more" doesn't mean a thing I'm afraid and isn't actionable.

The remedy has to fit the wrong, and the wrong that has done (inaccurate notes) can be put right. It is only where alternative restitution is not possible that chequebooks come out.

If you want things put right the best thing is as I said complain to the Trust, or to get a solicitor to write a letter of complaint on your behalf, asking for confirmation copies of your amended notes. That's going to cost you though, I'm afraid.

LIZS · 09/04/2009 11:54

Wouldn't it be the Primary Care Trust rather than the hospital anyway - they employ the staff. Agree you have suffered no financial loss or damage, just they haven't supported your application inhte way you had hoped. Can you ask for another opinion and review of his file to ensure the accuracy of what they submitted and appeal the dla . Follow their grievance procedure to complain as you don't need to threaten to sue to get an apology.

Original poster
jennybensmummy · 09/04/2009 12:13

its not so much that they didnt support my claim they wrote a complete lie about me! am trying to sort it with pals now they are ringing me back later about it!

OP posts:
morningpaper · 09/04/2009 12:16

I've always found PALS very helpful

LIZS · 09/04/2009 12:22

but your only potential consequential "loss" is that you didn't get the mobility element, possibly partly based of what was said about you but probably not only on those grounds. Your best outcome is to get the corrections noted and claim reassessed .

georgimama · 09/04/2009 12:28

LIZS, I shouldn't bother anymore. The OP has had detailed, helpful advise and hasn't bothered to acknowledge it or say thank you.

georgimama · 09/04/2009 12:29

Advise?

ARRRGGHHH

advice

PeachyWithTheBirthdayBas · 09/04/2009 14:37

She's acknowledge it by contacting the orhganisation advised surely? When you have a thread you don't normally list every poster who contributes though you listen. Especially, as with OP here, she's also most likely caring for her disabled son.

Original poster
jennybensmummy · 09/04/2009 15:16

thanks peachy yes i was busy with my son im sorry if i didnt reply quick enough i have been busy trying to contact the people i need to to try and recify the situation where bits in my notes are saying i have a condition meaning i would harm my son, i was going to update later when actually spoke to everyone so im terribly sory im not on here 24/7 to say thanks, i did put i was talking to pals and yes thanks peachywiththebirthdaybas i was caring for my son which is number one to me i would have got on here later and replied properly i dont see why that means im not bothering!

OP posts:
Original poster
jennybensmummy · 09/04/2009 16:38

Well, pals are supposed to be getting back to me and im being sent a form to see bens full notes, though could cost me up to £50 - lovely eh! thanks for all support

OP posts:
DSM · 09/04/2009 16:53

So, did the doctors just fabricate this post natal psychosis?

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