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Medical negligence

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By *arlomale OP   Man
over a year ago

darlington

Is it wrong to take legal action against doctors mistakes are made in all professions

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By *isaAndNicoleTransTV/TS
over a year ago

Southport / Ellesmere Port

Yes of course

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By (user no longer on site)
over a year ago

Depends on the mistake

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By *a LunaWoman
over a year ago

South Wales

No its not wrong but it’s quite a hard process. Trying to get another Dr to say another Dr ballsed up is tricky (expert reports etc).

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By *SAchickWoman
over a year ago

Hillside desolate

Not all mistakes are classed as negligence.

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By *uryWhipMan
over a year ago

Harringay

Of course it is. Been looking into this myself. My GP has missed two vital things that are wrong with me; serious things. Not happy.

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By *inky_couple2020Couple
over a year ago

North West

There's a difference between genuine mistakes and negligence, which is why it's called medical negligence. My disability happened in my view due to negligence on the part of obstetricians and then my potential recovery hampered by others, but because there was no single, clear event that was "negligent", then I couldn't pursue it. Didn't even get an apology or words of regret. Apparently having a healthy baby is all that matters. And yes, I am bitter about it.

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By *naswingdressWoman
over a year ago

Manchester (she/her)

Negligence is not just mistakes.

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By *SAchickWoman
over a year ago

Hillside desolate


"Negligence is not just mistakes."

I think that's what I meant to say

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By (user no longer on site)
over a year ago

I was thinking about suing the NHS

I had 2 blood tests and 7 bottles of my blood went missing the first time

then I got another blood test and this time 3 bottles went missing

then 3rd time lucky they actual results made it to my doctor

But I also had a lump cut out of my tounge which also went missing

I'm convinced someone is fucking with my medical results

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By *uryWhipMan
over a year ago

Harringay


"Not all mistakes are classed as negligence. "

What if a Dr shrugs his shoulders and says 'I dont know' without doing any investigation only for the problem worsen and me ending up in hospital? Thats negligence, right?

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By *yx_InannaWoman
over a year ago

Burslem

Mistakes do happen but would depend if it was negligent or human error.

I was hacked up then sewn up wrong, nothing was done to rectify it gp kept telling me it's fact of life. When I got a new gp they referred me to a specialist sadly wrong specialist and I'm still waiting. But by that time it was too late to claim there's a time limit. I still suffer now because of it. If they corrected it at the time I wouldn't still suffer now but they said let it heal it will be fine.

So should I have claimed ignoring my gp?

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By *inky_couple2020Couple
over a year ago

North West


"Not all mistakes are classed as negligence.

What if a Dr shrugs his shoulders and says 'I dont know' without doing any investigation only for the problem worsen and me ending up in hospital? Thats negligence, right? "

Could be, but not necessarily in the legal sense. There'd have to be evidence that the problem only worsened due to the negligence (ie lack of investigation) and that's a hard one to prove.

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By *urvyandCurious999Woman
over a year ago

Hiding from twats


"Not all mistakes are classed as negligence.

What if a Dr shrugs his shoulders and says 'I dont know' without doing any investigation only for the problem worsen and me ending up in hospital? Thats negligence, right? "

Sometimes though the investigations won't be authorised, depending on what they are, because there aren't enough clinical signs that it's needed and the NHS doesn't have enough money to do everything. This is particularly true when it comes to things like xrays and scans because you can't expose someone to radiation without good enough reason.

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By (user no longer on site)
over a year ago

Depends on whether it was a genuine mistake or pure negligence. All procedures/meds/treatments come with side effects or known risks, which should be explained fully to the patient.

If you use the NHS, then there is less money for patient care. But if it is negligence and will affect your life, then it needs to be addressed.

Maybe MP's would like to consider funding and staffing the NHS appropriately, instead of claiming £50 a go for breakfast meetings etc.

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By *uryWhipMan
over a year ago

Harringay


"Not all mistakes are classed as negligence.

What if a Dr shrugs his shoulders and says 'I dont know' without doing any investigation only for the problem worsen and me ending up in hospital? Thats negligence, right?

Could be, but not necessarily in the legal sense. There'd have to be evidence that the problem only worsened due to the negligence (ie lack of investigation) and that's a hard one to prove. "

I went several times last year about the problem and it was bad then. Been on antibiotics given to me by the hospital but, now I've come off them I've noticed the problem is returning. Making an appointment with my new dr next week to have it looked at properly.

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By *yx_InannaWoman
over a year ago

Burslem


"I was thinking about suing the NHS

I had 2 blood tests and 7 bottles of my blood went missing the first time

then I got another blood test and this time 3 bottles went missing

then 3rd time lucky they actual results made it to my doctor

But I also had a lump cut out of my tounge which also went missing

I'm convinced someone is fucking with my medical results"

Couple of years ago I was told I had a brain tumour was sent to a different hospital for mris and cts. They got lost went for another set they got lost. 2 years after my diagnosis they went oops you don't have brain tumour. They never apologised. The system is flawed even the shared data consent you signed if a hospital is under investigation and closes their system no information crosses over without direct contact between those working on your case. Utter shit that a consultant can't get information relating to their patient.

I had a private neurologist and they just kept sending one sheet of paper as my "notes" he quit after I saw him for the 3rd time. He couldn't do his job because they failed to give him the test results.

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By *ersnickety PantsWoman
over a year ago

Club Meets Only

It depends on the mistake, a Dr told my dad he had a hiatus hernia.. Turned out to be lung & oesophagus cancer he died 16 days after diagnosis right on christmas.

My brother put in complaints about the Dr who had been insistent it was a hernia

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By (user no longer on site)
over a year ago

If you are asking is it morally wrong to sue the NHS? Then my answer would be only as a last resort. And not because you are angry. But because it is nesecary.

If however morals aside, you are asking can you sue the NHS. Without knowing the full facts. My opinion is it's a long uphill road. The reason it is difficult to sue a doctor is because the judge will have to assess would a reasonable doctor armed with the same facts make the same error. If the answer is no. Only then do you have an arguable case. Even then. I always advise any court case only has a 50/50 chance of success. An important point would also be that should you lose your case you may find you are liable for their legal expenses.

Most negligence cases just use the reasonable person test which is less stringent.

Hope this answers your question.

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By *ersnickety PantsWoman
over a year ago

Club Meets Only


"If you are asking is it morally wrong to sue the NHS? Then my answer would be only as a last resort. And not because you are angry. But because it is nesecary.

If however morals aside, you are asking can you sue the NHS. Without knowing the full facts. My opinion is it's a long uphill road. The reason it is difficult to sue a doctor is because the judge will have to assess would a reasonable doctor armed with the same facts make the same error. If the answer is no. Only then do you have an arguable case. Even then. I always advise any court case only has a 50/50 chance of success. An important point would also be that should you lose your case you may find you are liable for their legal expenses.

Most negligence cases just use the reasonable person test which is less stringent.

Hope this answers your question. "

Agree with this, the NHS is already underfunded as it is, suing them tho benefitting a person financially may have knock on effects in the future for other patients & should only be considered in extreme circumstances.

Drs are human too & even with many years education & training don't have all the answers/know everything & will make mistakes on occasion.

Investigation etc into what went wrong or how negligence has come about will aid to prevent such things happening in the future & is IMO a far better thing in the long run.

I wouldn't like to be a Dr or nurse or any other medical professional as I know if I did wrong it would be on my conscience always & would make me doubt every medical decision or advice I give in the future.

These people work long hours & are very often taken for granted.

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By *inky_couple2020Couple
over a year ago

North West

Acquiring disability due to medical negligence doesn't come cheap. And seeing as it's now all but impossible to claim benefits, what do you do? The answer is to go back to work in absolute agony, on two crutches and nearly have a mental breakdown.

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By *arlomale OP   Man
over a year ago

darlington

I was always in the opinion of its wrong to take action against the nhs but recently a family member was misdiagnosed with a problem with his lungs basically he was sent home with antibiotics and told he had an infection it turns out his own body is attacking his lungs and has caused severe scaring to them which isn’t looking good as they are now saying it could be a lung transplant there is tablets available but not on the nhs he’s got to find them himself and it’s thousands of pounds which he can’t afford and it made me think that obviously he can’t work so his house needs paying of as he doesn’t have critical illness cover and maybe the compensation would help him fund the tablets which aren’t available on the nhs

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By (user no longer on site)
over a year ago

I would like to clarify nesecary.

If a doctors error caused me to require long term care then I wouldn't really have a choice but to sue the NHS for the costs of my care. This is one extreme but does on occasion happen.

On the other end of the scale. If my suffering is not significant but maybe irritating. What are you sueing for? A frivolous case which would cost more in court costs than the claim. This would be just another abuse of the system. Which we all pay for.

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By *inky_couple2020Couple
over a year ago

North West

Humph. I for one have funded my own mobility equipment and adaptation to my vehicle. That ain't cheap but nor do I need significant care. My mobility equipment is second hand as a result (good job no risk of pressure sores here) and at least I can continue to work. Without the car and the chair, I wouldn't be able to. I'm the main earner (by a long chalk) and only driver. Until you've been in the situation, I'm afraid you don't know what you'd consider a minor or major change in your life and health.

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By (user no longer on site)
over a year ago

I've read this forum with great interest,as a nurse currently practicing within the nhs I have to agree to a point with many of these comments but feel I should also give my opinion.The Nhs is overworked and understaffed most of the time but I do believe there is a fine line between human error and negligence which in turn is hard to prove on both parts. The NHS is strongly criticised and I for one get abuse on most of my shifts. Too many illness's and conditions present with symptoms that could be a number of conditions and sometimes hard to determine especially with the amount of timewasters who literally google symptoms and illness would you believe that come through the doors. Yes I agree that there are cases of negligence but these are very rare. Human error is part of our everyday life,we all qualify in our line of work to care for and save lives,we dont want your thanks I am there to do a job the same as anyone else it's just some professions get blamed more than others purely because it's easy to do. NHS Drs consultants etc work 24 hour shifts nurse's 12-14 hours sometimes without a break. We all have your best interests as our priority but we make mistakes we are humans not robots xx

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