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
  • I don't agree with suing the NHS. It's not left you needing care, etc.

    Autism also presents as other stuff and depending on how you present, they're not going to automatically assume you have Autism.

    Not being rude; but be grateful they didn't miss a condition which can kill you. My father & I have both been in this situation. Both of us have been left with head injuries and memory problems. In my case, they actually hid the diagnosis from my parents (therefore, refusing to medicate me) and claimed my parents were over reacting and they blamed everything on me being sight impaired.

Reply
  • I don't agree with suing the NHS. It's not left you needing care, etc.

    Autism also presents as other stuff and depending on how you present, they're not going to automatically assume you have Autism.

    Not being rude; but be grateful they didn't miss a condition which can kill you. My father & I have both been in this situation. Both of us have been left with head injuries and memory problems. In my case, they actually hid the diagnosis from my parents (therefore, refusing to medicate me) and claimed my parents were over reacting and they blamed everything on me being sight impaired.

Children
  • The NHS is insured and any compensation does not come of the NHS budget. I think we need to complain not just for the money but so they listen to us and  improve services for us and future generations of autistic people.  I was diagnosed at 40 with autism and as an adult for ADHD + Dyslexia and I feel sure it was this that was at route of mental illness. At one point I even said I thought I might be and was told by psychiatrist I wasn't as  I was looking him in the eye ( This was in about 2008/09).