Advice on taking gp/hv to court

[Random92]

I'm new here, so not sure if I'm in the right spot.

Sorry in advance for the long post.

I'm looking for advice in trying to take my son's health visitor and GP to court for malpractice/negligence.

So to start, my partner took my son to the gp to the doctors for his 12 week injections today (which were late as they forgot to update our address after we moved, yes we informed them of the change)

While there, my partner informed them of a mark on his check that looks very much like a spot. We felt the need to mention this as he has a large strawberry birthmark on his head which started of similar to this (just to note, we had previously asked to see a specialist regarding this as we are very concerned as it looks almost ready to pop some days!)

After my partner pointed this out, as they hadn't noticed. They called in the health visitor and the gp who claimed it was a bruise. (What idiot confuses a fatty lump for a bruise and somehow is medically qualified?) As a result they got social services involved, and would not let my partner leave the doctors or the police would be called. (Just to note, preparations were only made to be out of the house for an hour, so no spare clothes, no extra bottles, no extras of anything.)

So roll on to 4 hours later, partner still held at the doctors, the social worker turns up as she has to drive my partner to the hospital for the little one to be examined. Where the specialist took one look at the baby and said it was a medical issue (fatty necrosis I believe?) not a bruise or anything inflicted by outside actions.

Now, this paediatrician noticed this was not a bruise within seconds, surely any half qualified health visitor or gp should've spotted that before treating us as if we were criminals. Now even though we have been cleared as its nothing we could of caused, the social worker still wants to visit our 4yo daughter tomorrow for whatever stupid reason which to be quite honest I think is not necessary as the gp and health visitor were wrong.

As any parent can imagine, the whole situation has been incredibly stressful, especially to my partner who they kept locked up all day and she gets very emotional and loves our little ones more than anything.
I feel we were treated as guilty until proven innocent and this should've of never been necessary if any half competent medical professional had checked the spot on our sons face in the first place. In total they kept our boy out of the house for 8 hours. We were lucky to have family that could collect our daughter from school.

Any advice on how to take this further would be greatly appreciated, as this is a permanent mark on our children's names, even though we did absolutely nothing wrong.

This has shattered any trust we have in our Heath care system, and has made me fearful of taking my own children to the doctors. We pointed out the mark! It would've went unnoticed otherwise!
I consider this a complete failure on the nhs and their procedures.

Signed, an upset father with a devastated partner.

Short version: health visitor called social services due to a medical issue, not an injury that anyone with eyes could see. Permanent mark on children's record.

Sorry but you need to get a grip if this is the most traumatic thing to happen in your life.

The GP took precautions and would have likely been penalised had you actually been causing harm to your child and they'd missed it.

Your kid's jabs were delayed...so are many others, a week or two doesn't change the world.

They didn't update your address....this is a clinical error. They had me down as miss not Mrs....I haven't sued them.

Jeeze OP you need to sort yourself out and focus on your kids not this drama. Your little one got a bottle and surely you could have picked your child up from school or asked if they could to the after-school club for one day.

I bet your the type to be bumped at 2mph in a car then claim thousands for whiplash, when nothing more than a hair moved out of place.

Had you not been as dramatic there would perhaps be more sympathy for your experience. Good luck with suing....it will cost you thousands to get nowhere

Our doctors forgot to change our address on the system after we contacted them about it.

You need to do this in person with reception, not over the phone. And ask which documents of proof they will need. The GP doesn't do the admin.

This resulted in them sending our sons hospital appointment for his 12week injections late.

How late is 'late'? And is there a reason he's not having his injections done by the practice nurse? Easier to book in over the phone at the surgery, no?

They messed up his injections and couldn't tell how much he had so now needs a repeat of them.

What does your child's red book say? Your child's vaccinations are written in the red book. Date of administration, type of vaccination, drug manufacturer, the expiration date of the vaccination itself. How could they possibly not tell how much your child had when meticulous records are kept? This is highly unusual.

They cancelled a referral to a paediatrician over the birthmark on our sons head. (The paediatrician yesterday said he should've been referred as they like to monitor the growth.)

They? Who is they?

If they had referred us to a specialist in the first place(as we had requested multiple times) then this wouldn't of happened as these fatty lumps under the skin can be as a result of the birth mark spreading.

You said your GP cancelled the appointment. So you were referred but the appointment got bounced, by whom?

In your shoes, I'd just move surgeries. Easy. End of. This isn't a case of misdiagnosis. Certainly not one of neglect. Overzealous GP? Perhaps. The GP is following protocol. Your GP has a line to toe. And it's not nice when you find yourself here. But this is the way it goes now.

You said your GP cancelled the appointment

Sorry, you said 'they' (assuming GP? Hospital?) cancelled your appointment. So you were referred. Why was it cancelled?

What idiot confuses a fatty lump for a bruise and somehow is medically qualified?

GPs diagnose. Health visitors assist in that process by helping to identify concerns. Your HV had a concern and voiced it. Warranted or not, she/he too, like your GP, must toe the line. That is part of the job.

I think your GP is great. If every GP was this concerned about lumps or marks on children they couldn’t personally identify it would prevent or help to notice lots of child abuse.

I understand it was stressful, but they had your child’s best interest at the forefront of their mind. And that’s what they are there for.

The vaccinations and address change are nothing to do with this.

make a complaint by all means but this is farrrrrr from something you can sue for....

ps always take spares of spares because you never know what might catch you out!

The grounds I'm going on are the fact we were told by the specialist that his birthmark should've been referred to him as soon as it was noticed.
We visited the gp multiple times over our concerns for this as it was growing and often looked ready to pop!
After researching the birthmarks, we found out they can spread to other areas of the body and this can lead to them growing internally!
This is the reason WE pointed out the mark on his face. That they failed to even notice!

If they had followed up our concerns and referred us as they were supposed to, it would've never had to come to this.

How is this not the gp at fault? Because it sure sounds like it was a failing on their part in the first place that caused this.

I'm doing this in the chase for money or anything of the sort. I'm more than happy to come out of this with an empty wallet as long as appropriate measures are taken to prevent this happening to another poor parent who has done nothing wrong.

If a gp doesn't have the skill to identify a blemish as anything other than a bruise then that is a failure on the healthcare system. I know people think it could look like a bruise but it really really doesn't, it's so clear to see that it isn't a bruise, the paediatrician literally looked at it without feeling it and stated as much! Surely a GP should be at least capable of feeling it wasn't a bruise!

I've already heard from a solicitor(went for no win no fee for information as they won't even consider a case unless they believe it's winnable) and they believe with all the underlying information, we have good grounds to go on.

So doubt me all you want but it should've never come to this if people had done their jobs in the first instance. We shouldn't of been penalized as parents for having concerns for our child.

Op you need to give yourself a bit of a wobble. It must have been a horrible experience but you're being incredibly dramatic.

Especially if the GP is too idiotic to identify a fatty lump from a bruise!

Calling your GP an 'idiot' for following protocol is ridiculous. Frankly, you have no idea what it looked like because you aren't a medical professional. Unless you can confidently name every possible presentation of bruising (including with swelling) you have no business calling them an idiot.

This is a drastic misdiagnosis as far as I'm concerned.

Then you need to understand what a drastic misdiagnosis would actually be, because this really, really wouldn't qualify.

I will not let any harm come to my kids!

You will if you're going to let this stop you from seeking appropriate medical care.

You had a bad day yes, and it must have been very stressful, but you really need to get over it.

If HCPs don't err on the side of caution, children die. It's that simple. If there was any chance that a mark could be a bruise on a non-mobile baby, and they don't refer it in, they could be sending that baby back to a negligent, or intentionally abusive home. That's how children die. Safeguarding and protecting patients from potential death or abuse is more important than protecting your feelings.

Raise your issues with the gp surgery (in a calm manner) if you want to, and change surgeries. But don't stop taking your children for medical care because you had a bad day.

The GP decided to not send the referral (which is baffling to me?) as they didn't believe it was in a threatening area. Where as the specialist in the hospital said that all birthmarks of this kind should be referred to his team.

Sorry for the lack of clarification.

So you went to the GP repeatedly and asked for a referral to a paediatrician and they refused? Or didn’t make the referral? Because they usually do it whilst in the room with you. Did you actually say “I want a referral to have this looked at?”

You’re also still under the maternity into care for 30 days I think after birth, did you not call them when you noticed the birth mark for a referral? Did the paed not flag it up when you had the baby checked before you’re allowed to leave the hospital?

I'm still unclear how anything except inconvenience had happened to you. No medical condition has been made worse by your health care professionals has it?

Go on OP
Waste your time (and much much more importantly waste the time of the medical professionals involved) and see how far it gets you (nowhere, absolutely no where because you have no grounds you fool)

Did you not get a second opinion from another GP in all the times you repeatedly went in to check the birthmark?

Really OP?!?

You really need to get a grip now. You do realise suing the NHS doesn’t affect the GP, the money comes from the national purse.

What are you going to get out of this except an apology? Be bloody thankful that we have a health service that acts on things like this, I bet your the type to slag off the NHS regardless of what they do

BreastedBoobilyToTheStairs, it's not the misdiagnosis directly that I'm calling drastic, it's the results of it! Social services? When it should've been identified sooner or he should've been noted as at risk of marks due to his existing birthmark.

The mark literally looks like the start of a pimple. Which is exactly how the one on his head first looked. Since when has a bruise ever looked like that. It's far to small and hard under the skin to be a bruise. Ever had a spot that you can feel under the surface but hasn't shown up yet? That's how it feels.

Everyone here is judging me for this poorly, it has been absolutely terrifying. I hope none of you have to end up in this same situation, but until then you don't know where I'm coming from.

And we were told if it turned out to be a bruise, then we wouldn't of been see our own children without supervision.

So tell me I'm being over dramatic all you want. But you can't even begin to imagine how scared we were even though we knew it wasn't a bruise. The thought that they won't be able to diagnose it correctly sticks in your head. Not just that, we have a 4yo daughter that despite our best efforts, it is impossible to keep her away from our son. This whole scenario has made me feel like I need to separate them in case she ever bruises him. How ridiculous is that? No one should be terrified of their own children in this way.

Never understood why some people wrapped their children in bubble wrap until now.

It's completely over the top seeings as it should've never happened.

I've never slagged off the health service in any way, I completely understand all of the funding issues and all the struggles the staff have. I've never claimed against anyone or anything before. It should've never come to me even considering this if they'd taken us seriously when we first raised our concerns.

Meanwhile twinmummy wherever you are now abused children will sip through the net.

I know which I prefer and it isn’t your country wherever it is.

A bruise on a child’s cheek won’t lead to supervised contact just because of that. Unless there were other instances of abuse. You absolutely would not have been told that, you’re just making things up to be dramatic now.

I was with your GP at the start and the more I have read of your posts the more I am still sure that the GP was right.

If you aren’t happy with the way they have followed procedure then write to the practise manager and ask them to investigate.

It won't even get to a litigation department, let alone court. I am a personal injury solicitor. There is nothing here that satisfies the strict test of negligence negligence (duty, breach, causation) let alone any damages incurred. By all means, go through PALS, that is what they are there for, but no solicitor will act on this.

It wasn't a misdiagnosis, it was a GP following safeguarding policies.
No harm or loss has occurred, so you don't have grounds to sue.
It's not an NHS failing either, you disagree with one GPS actions and can very easily raise this via PALS.
It's clearly been a stressful situation but it's resolved now and you are coming across as aggressive, going at it in this way won't get you anywhere. You need to contact the practise manager or PALS and calmly and reasonably set out the facts and your concerns.
Refusing to see any GP ever again is a massive overreaction and not in the best interests of you or your children.

Re the address, did you provide proof of the new address or complete any forms? (My gp requests you fill in a change of address form and provide evidence in person the confirms the change in writing).
How late were the vaccinations? Why didn't either of you contact to chase up the appointment? The vaccinations are tightly controlled and recorded so I'm struggling to see how they could be 'messed up'

Do you know who cancelled the referral? It could just as easily be the hospital bounced it back.

I've never slagged off the health service in any way, I completely understand all of the funding issues and all the struggles the staff have.

But you've come here to specifically 'slag off' the NHS and feel you are entitled to sue them for financial gain because procedures put in place to protect children were followed?

This is possibly the most over dramatic thread I've ever read. You were inconvenienced to safeguard children. Imagine the fall back if they hadn't investigated and there was an issue. They can't win

I am currently going through a legal process with the nhs so hopefully can offer some advice. Taking them to court is unnecessary as no actual harm was done. You can achieve what you want with a formal complaint to the GP practice being clear about what happened and how it affected you. I work in an SS adjacent service and the will need to visit the home to satisfy their investigation and end the process. I can hear your anger but you need to be clear what you can do, why, and what outcomes you want. Regarding the birthmark - my daughter has several strawberry Mark's including a large one on her head that caused all sorts of issues. We were eventually referred to dermatology and she was prescribed beta blockers which have shrunk it to almost nothing. I would recommend requesting a dermatology referral if you havent seen one already.

OP correct me if I am wrong but if you later posts are right this is a failure to pick up and treat the birth mark correctly that you have issues with not this later stuff?

Oh and you know your child needs regular vaccinations as detailed in their red book so I would leave this bit out. The GP practice could remind you but you should know anyway.