Suing UK hospital for medical negligence - any advice?

Question

After my baby was born by last-minute c-section, the hospital didn't monitor me properly. The next day I had to have emergency surgery for blood clots and internal bleeding, which caused even more problems. We are thinking of suing the hospital, and wonder if anyone has had a similar experience? Can you recommend a good solicitor in this type of claim?

Before I was discharged, one of the doctors admitted that blood tests and blood pressure checks hadn't been carried out as they should have been, and apologised that the nurses were very dismissive when I told them of the pains I was having. I know that complications are almost expected following surgery, yet he admitted that even routine checks were missed.

Money isn't the issue - I'm concerned that if basic procedures aren't followed, someone could die.

Answer 1

have a look at this website:

http://www.thompsons.law.co.uk/Clinical-Negligence/making-hospital-complaint.htm

"NHS Complaints Procedures
What to do when things go wrong

Your doctor will usually discuss this with you. But if not satisfied, you should use the NHS complaints procedure. You do this by writing a letter describing what happened and listing what it is that causes concern. It may be treatment errors and poor outcomes, it may be delays, cancellations or staff being rude and uncaring. Very often, unless a complaint is made, managers will not get to hear that things are wrong. Once they have to investigate in order to respond to your complaint, they are well placed to change hospital procedures or arrange extra training to make sure that whatever happened to you does not happen again to someone else. And although the investigation will not put the clock back you will get more information and an explanation, and sometimes a timely apology.

This is the system in England. In Wales the procedure is a little different.

If you are unhappy with the response to your complaint then there is provision for an independent review of the complaint by the Healthcare Commission. They will not investigate every request, but if they do, will involve an outside expert which can get a more objective view.

You can get help with the complaint process from ICAS, an independent publicly funded service. You will find details of local help through your hospital or doctor’s surgery, or by contacting NHS Direct.

You can find a useful summary about NHS complaints procedures on the Department of Health website www.dh.gov.uk

There is no formal complaint procedure in the private sector but reputable healthcare providers should respond properly to complaints."


You haven't said if it was private or NHS, and that does make a difference. i see most people have assumed you used NHS, and think you shouldn't sue because 'we'll all end up paying more taxes'. My take on this, is well, please expose the extremely poor care many people are receiving lately, and people have died because of this type of poor treatment, and it's going to take more than a letter to the management to get anything done about this disgusting situation in our health system.
If we do nothing, it will carry on. If you are up to it and taking them on, do something.
The nurses were negligent apparently. Probably even not properly trained. Or it could be the doctor is covering his own failings? I'm not saying he is, but it's possible.

Answer 2

Well, first I am so sorry for your loss. The unfortunate thing is that it is incredibly difficult to sue a medical instituion and win, unless there was a blatant error, like surgery on the wrong limb or a fatal medication error that was documented. The gray area comes with things like negligence. It is hard to prove that something like a cancer diagnosis was an oversight. While there are numerous blood tests to check for many different things, cancer doesn't usually jump out at you in a lab result. Especially with a cancer that probably originated in the liver and rapidly spread to the gall bladder. For these types, the main confirmation would be tissue biopsy (only after seeing something questionable on CT scan or MRI). I would say, stop and give yourself a couple of days of quiet. Having lost my father and grandmother suddenly, I know that greif and emotion can drive you to want answers and justification NOW. If after a few days, you still feel in your heart that persuing this is what you want to do, try to find an attorney who will help you pro-bono. Most good medical lawyers will be able to tell you if you have a case without wanted a big trust fee off the top. Best of luck to you. Things will get better with time.

Answer 3

it is very hard to sue for medical negligence.
how do you know they didnt monitor you properly? do you have knowledge of how they should have been monitoring you? was it within the list of possible complications to the surgery...i suspect as an ex nurse it is? did they fail to treat you appropriately? they did further surgery and sorted it out. was the further treatment timely?

im just playing devils advocate....it is hard to prove negligence and they compare what your team did with what professionals of a same level would do in the same circumstances, and they tend to stick together.

It is also, a very long and expensive process despite the supposed no win no fee adverts, these do not usually apply to medical negligence cases. Or a lot of them require money up front to begin the investigation which many cannot afford. A friend of mine had an excellent case of pure negligence, and she almost dies, spending months in intensive care and yet she couldnt get a solicitor to take her case without it costing her a fortune up front.

if you are truly convinced it was pure negligence the yes seek advise form a solicitor, but bare in mind that complications often arise after surgery, especially emergency surgery and it is usually not due to negligence.

Answer 4

there are 3 parts to a negligence case : 1) negligence, 2) Causation, and then 3) compensation.

If you and your baby have both come out healthy and fit at the end of the ordeal..... it is going to be very hard to claim compensation. The question which will be asked is did the hospital provide a reasonable standard of care in the circumstances.
Go through your notes with your Dr, it might help put your mind at rest.
Try to put your energy into something positive ... suing the hospital brings many negative emotions. It is a very lengthy process(anything up to 5-6years) and the outcome is always uncertain. Goodluck to you.

Answer 5

If money isn't any issue why sue? Wouldn't it be better that you wrote to the hospital asking for an explanation and a reassurance that procedures were now in place to avoid this happening again. Maybe ending your letter thaking those who saved your life.
When my son was two he had cancer, the GP who saw him said there was nothing wrong with him and I was being neurotic. Next day he was fighting for his life. I could have sued her but it wouldn't have helped my son. I did get reassurances that an internal investigation had taken place and therefore this was unlikely to happen to another family. More lives saved, much better than a hard stretched NHS being even harder stretched.

Answer 6

When looking for a solicitor you need to try and find one that specialises in Clinical Negligence, i know 1 company in the NW of England Stephensons Solicitors but most just deal with personal injury.

Answer 7

You should first send in a letter with your concerns to the Hospital/Trust concerned and allow them to investigate before involving Solicitors.....who are costly.

The hospital will investigate and respond openly and honestly.

Then you can make an informed decision as to whether or not you have a case for monetary compensation.

Answer 8

If you can prove it - do it, but how do you know they didn't monitor you properly and the clots were caused by the treatment you received from the hospital? They probably saved your life and the life of your baby, but if your prepared for a long hard and costly battle go for it.

Answer 9

Just leave it because the money will come out of NI contributions so really the only person being punished is the taxpayer.

Medical staff do their best and complications do happen. We can't sue them every time something goes wrong. Besides, it will be difficult for you to prove that they didn't monitor you properly.

Add: Lets face it you just want the money.

Answer 10

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RE :Suing UK hospital for medical negligence - any advice?
After my baby was born by last-minute c-section, the hospital didn't monitor me properly. The next day I had to have emergency surgery for blood clots and internal bleeding, which caused even more problems. We are thinking of suing the hospital, and wonder if anyone has had a similar experience? Can you recommend a good solicitor in this type of claim?
Update: Before I was discharged, one of the doctors admitted that blood tests and blood pressure checks hadn't been carried out as they should have been, and apologised that the nurses were very dismissive when I told them of the pains I was having. I know that complications are almost expected following surgery, yet he admitted that even routine checks were missed.

Money isn't the issue - I'm concerned that if basic procedures aren't followed, someone could die.
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