We have all had to see our GP or undergo surgery at some point in our lives. Whilst for many of us the NHS do a great job and have us back on our feet. But sometimes things do go wrong,
The NHS is the second biggest healthcare provider in the world, with approximately 1.2 million employees who are dedicated to their job and following their core principles
- That it meets everyones needs
- It is a free service
- Based on clinical need and not on ability to pay
Sometimes, clinical negligence does happen, and if you are unlucky to experience this what can you do.
In order to sue the NHS for negligence, you must prove that the NHS healthcare professionals were at fault. You also need to prove that this fault has caused you harm personally that you would not otherwise have experienced.
Clinical negligence occurs when the care or treatment that you experience falls beow the reasonable professional stands you should expect. This can be experienced in a number of ways
- During surgery
- The result of a delayed or incorrect diagnosis
You can also claim clinical negligence if you are the next of kin to someone who has died due to negligent care, or someone who can not represent themselves.
We put our trust into medical professionals to carry out a reasonable degree of skill and care, and because they are professionals they represent themelves as having above average skills.
Medical professionals have a duty of care towards their patients. As a claimant you have to prove clinical negligence, which have two elements involved
- You must prove that the doctor or other healthcare professional has broken their duty of care owed to you
- You must prove that any resulting injuries you have suffered would not have occured otherwise.
You do need proof of this, as saying the treatment did not work is not a cause for negligence.
I did have a case
I have unfortunately been in a position where we could have sued the NHS following my Daughter being ill last year. We had a private consultants diagnosis, I had private MRI scan report and we had to sit in A&E for over 7 hours. All the time I was watching children coming in and out. When I asked how much longer I was rudely spoken too and told these cases were more important.
When, we finally saw the doctor after waiting 7 hours, he told us to go home she is fine and take paracetamol. This was a Monday, on the Thursday evening her temperature was getting higher and spiked by Friday morning. I spoke to 111, who told me they were sending a fax to our GP to get instant admission and probable surgery for my daughter.
We arrived at hospital and waited 5 hours, again seeing kids go in and out and it was not very busy. I kept asking how much longer and kept being told these cases were more important. I finally went on Twitter and had a moan, literally within 10 minutes the manager of the department was there and within 5 minutes we were being seen.
My daughter ended up on a drip straight away and admitted to hospital for a week as her organs were suffering.
I did complain and I ended up speaking to Matron from A&E who was very apologetic, and asked how I wanted to move forward. I told her I understand the department gets busy, but on both of these visits it was not busy. I also explained that not once had anyone checked to see if she was ok.
I also complained about the staff who on one ocassion of going to the desk I waited 7 minutes for them to stop discussing birthday cakes an shopping before speaking to me.
There are times when you do not get the care you need, and this was one of them. I was just too tired and battered to go any further. My daughter is still suffering as a result.
If you feel you have experienced medical negligence then fight, if you are in A&E and feel you are being ignored or pushed back for no reason then shout about it. Sometimes this is what we have to do.
Have you experienced medical negligence?