Can I Sue the NHS ?

After many years and periods of employment and sickness I finally realised a couple of years ago that I might have a condition on the autism spectrum and after a hard fought battle getting a diagnosis I finally received one in September last year hense I am now going to finally be able to at least address my problems. However about 6 years ago I went for a mental health assessment and the doctor diagnosed me as Schitzoid Personality - a diagnosis I wholly disagreed with - this diagnosis was based upon a meeting that lasted about an hour and after receiving the diagnosis a few weeks later I really began to worry that I might be crazy so the wrong diagnosis had a bad impact on me.

I have also had many other wrong diagnoses throughout my life mostly from GP's these range from depression / anxiety / stress / nervous debility and personality disorder - NEVER did any doctor consider anything about the Autism spectrum, never was I asked any particular questions about it ever at all and the first time I suggested it to my GP about 2 years ago I was told not to waste my time, and asked what use a diagnosis would be ?

I am now 44 years old - I really feel someone somewhere down the line someone should have suggested/noticed something rather than just labelling me as a depressive, obviously I was depressed but that's mainly because of struggling with everyday things like speaking and I would certainly expect a qualified mental health doctor giving me an assessment to at least be able to notice certain signs of a condition on the autism spectrum rather than labelling me as having a severe mental health condition, there is a huge difference. My latest assessment says I have no mental health issues whatsoever.

If someone is misdiagnosed for a physical condition and the misdiagnosis means the problem continuing for longer than necessary then they can sue - is my case any different. I took a dislike to the doctor, he seemed to have a lack of interest from the start of the assessment and seemed to just pick up on a few points which he then fit into his wrong diagnosis - for example I told him I felt uncomfortable on the way to the hospital because someone was walking about 4 foot behind me for a few hundred yards, he obviously assumed this meant I had some kind of paranoia rather than it being about my personal space.

Would like to know what anyone thinks, thanks.

Paul

Parents
  • Silver100 said:

    Paull - your story is no different from most of the adults now being diagnosed. I wasn't diagnosed until I was 54 so be thankful you have had an extra ten years!! I had decades of anti-psychotic medication as well as diagnoses for anxiety depression phobias blah blah blah.  It would have made a huge difference to me to have been diagnosed 30 years ago or even 20 I wouldn't have wasted my life. They were not negligent they just didn't know everything.

    Asperger's has only been known about in the UK 20 years and then it was largely kept to the academic community. Tests like ADOS and other knowledge about conditions takes years to develop and validate. Things are improving and that's the best we can hope for. Sueing isn't going to do you or anyone else any good - it just makes them nervous about giving diagnoses to people.  I don't think you will have any success and I think it will be an arduous and distressing process for you. Do you really want to waste another two years.?

    Ditto!  My original point, basically.

Reply
  • Silver100 said:

    Paull - your story is no different from most of the adults now being diagnosed. I wasn't diagnosed until I was 54 so be thankful you have had an extra ten years!! I had decades of anti-psychotic medication as well as diagnoses for anxiety depression phobias blah blah blah.  It would have made a huge difference to me to have been diagnosed 30 years ago or even 20 I wouldn't have wasted my life. They were not negligent they just didn't know everything.

    Asperger's has only been known about in the UK 20 years and then it was largely kept to the academic community. Tests like ADOS and other knowledge about conditions takes years to develop and validate. Things are improving and that's the best we can hope for. Sueing isn't going to do you or anyone else any good - it just makes them nervous about giving diagnoses to people.  I don't think you will have any success and I think it will be an arduous and distressing process for you. Do you really want to waste another two years.?

    Ditto!  My original point, basically.

Children
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