Found 16th Sep 2010
Has anyone ever seeked compensation from medical negligence and is it an easy thing to do.

My brother had a back problem for 14 months which they failed to diagnose, this turned out to be spinal tuberculosis, which resulted in him needing an operation where a titanium bracket was put on his spine.

I just want to know whether it will be easy to pursue compensation and does he stand a chance of winning

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21 Comments

Mod & Ed

no and no

It would depend on a lot of things, such as who 'they' are (whether it's one person, one hospital, anyone who ever met your brother in the last 14 months), was it something that should have been spotted, were the symptoms such that your broher should have tested for tuberculosis, did your brother describe the symptoms fully, was your brother unhappy with the treatment being given in those 14 months, how many times did your brother see a doctor/specialist in those 14 months etc etc.

Banned

`sought compensation`

Banned

Not very easy to go through with unless it is an extremely obvious mistake on the doctors part. As 1 of the symptoms was a bad back which can be quite common the doctor may have followed all the procedures for the case and as it is a difficult disease to diagnose there isn't much chance of compensation unless you can prove negligence results in causing additional injury.

Your brother would be better of focusing on his recovery than stressing about suing people

Original Poster

well he saw few doctors from my local GP. They mentioned TB early on but i think either didn't test for it or didn't spot it. It was only until an MRI was done which is where they spotted it.

I have heard it can be difficult and expensive, which is why i am thinking of telling to go the no win no fee route.

and yet more money removed from the NHS pot....... mistakes happen due to over pressured NHS due to lack of funds!oO

khy86

well he saw few doctors from my local GP. They mentioned TB early on but … well he saw few doctors from my local GP. They mentioned TB early on but i think either didn't test for it or didn't spot it. It was only until an MRI was done which is where they spotted it.I have heard it can be difficult and expensive, which is why i am thinking of telling to go the no win no fee route.



If he saw a few (how many?) doctors it's going to be hard to prove negliegence (if indeed it was negliegence). If one doctor missed it, possibly. Two doctors miss it, getting harder, 3 or more and you'll struggle. I'd imagine it would also depend on how common the condition is - if it's rare then no-one is going to be looking for it until they've ruled out other, more obvious options. Also, you need to establish if a test for TB was carried out or not, saying "I think" will get you nowhere....

And I agree with Paddy Charlie's comment - your brother should focus on recovery, if he wants to sue when he's better fine, but worrying about it isn't going to get him better any faster is it?

How will being given money help?

The monetary compensation practice should be stopped, simple.

Shellywelly

and yet more money removed from the NHS pot....... mistakes happen due to … and yet more money removed from the NHS pot....... mistakes happen due to over pressured NHS due to lack of funds!oO



That isn't an excuse for mistakes to be made, or for things to not be put right or improved after mistakes are made.

As a doctor, my best advice to yourself would be
- Let the practice/hospital know about any problems or complaints you have - there is usually a PALS (Patient Advisory and Liason) team in place, who can deal with complaints or problems. At least then, the problem can be investigated fully, and if your brother has been mistreated, they will let you know, or if they feel nothing wrong has been done, they will tell you this. From the very little you have said, I can tell you that spinal TB is difficult to diagnose, but there are a whole host of factors to consider!!
- If it is purely financial compensation you are after (which is seems from the original post), then probably best to speak to someone with an understanding of medico-legal issues (i.e. a lawyer).

J

Trauts78

How will being given money help?The monetary compensation practice should … How will being given money help?The monetary compensation practice should be stopped, simple.




I think you are being simple.
What about babies born with permanent severe brain damage due to failings at the time of birth, who will have to live their lives dependant on others. Money can go a little way to helping to pay for care, for services or equipment, etc.

Original Poster

its the fact they mentioned it last year and didn't see it that gets to me, obviously the damage done now is alot more serious than what would have been if it was diagnosed earlier.

They kept saying it was other things such as a vitamin d deficiency and kept prescribing pain killers.

It is the fact that he had to go through so much pain, and the fact he now has a temporary paralyzed vocal cord and is unable to work is why i want him to do someting
Edited by: "khy86" 16th Sep 2010

Banned

khy86

its the fact they mentioned it last year and didn't see it that gets to … its the fact they mentioned it last year and didn't see it that gets to me, obviously the damage done now is alot more serious than what would have been if it was diagnosed earlier.They kept saying it was other things such as a vitamin d deficiency and kept prescribing pain killers.It is the fact that he had to go through so much pain, and the fact he now has a temporary paralyzed vocal cord and is unable to work is why i want him to do someting



Its not like diagnosing a cold, as these things can be so difficult to diagnose a doctor can do tests and miss things without it being negligence. It may of even been your brother's negligence in not providing accurate ailments which would have been a symptom of the disease but he may have thought were unrelated and never mentioned. There are way too many variables to consider to get accurate advice on an internet forum. Take jcampwala and contact PALS.

GL to your brother with the recovery and try not let him stress to much about any negligence case that might happen

Banned

wishihadadonkey

no and no


agreed

back problems are notoriously difficult to diagnose

Just forget it & move on but by all means pay some solicitor loads of money to tell you the same.

Original Poster

OK thanks was telling him to talk to CAB or a free solicitor to get some advice, will definantly check out PALS. Its not him that wants to take things further, but more EVERYONE else around him.

will see where this goes.

Banned

khy86

OK thanks was telling him to talk to CAB or a free solicitor to get some … OK thanks was telling him to talk to CAB or a free solicitor to get some advice, will definantly check out PALS. Its not him that wants to take things further, but more EVERYONE else around him.will see where this goes.



Good luck!

Supermod

It is a very difficult area of law to understand and just as difficult to prove that someone was negligent.

The best thing to do is speak to a local solicitor who will be able to offer some assistance. This is one of those areas of law that can only be judged by the facts of its own case and not with general advice on a website.

i was in a lift and someone farted, can i sue them for polluting the air i breathe.

boabbyrab

i was in a lift and someone farted, can i sue them for polluting the air … i was in a lift and someone farted, can i sue them for polluting the air i breathe.



I didn't think you could sue yourself?

Original Poster

I know it is a difficult area, just wanted to see if anyone has been successful in the past. Hopefully can find a medical professional solicitor to get some advice.

jcampwala

I didn't think you could sue yourself?



lol
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