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
  • First, let me say that you should not let anybody belittle your experience of misdiagnosis: it is extremely distressing and affects your life just as much as if they cut off the wrong leg.

    Second, it would be good if people stopped making comments suggesting that suing the NHS takes money away from the rest of the people who need treatment: it does not.  The NHS, like any other huge corporation, has LIABILITY INSURANCE which is what pays any claim for compensation.  In addition, any practicing professional such as dentist, lawyer, GP, osteopath etc, will have liability insurance.  Nobody is denied treatment because somebody sues for not receiving the correct treatment.

    As for the misdiagnoses you feel you have been given, it is possible to have co-morbid mental health issues with autism and the problem, as I see it, is that people of your age (I am 46) presented with difficulties at a time when autism was not on the radar of most GPs.  Autistic spectrum disorders or high functioning autism didn't really exist at the time so the difficulties you face with these 'conditions' were likely to be interpreted as psychological rather than neurological.  Of course, once this has happened, you are invariably going to be given pharmaceuticals which complicate the issue and, as you state, depression is almost inevitable when wading through each day is such a challenge.

    I think that what is most important to somebody in your position is the acknowledgement that you have been let down by the system.  If a medical practitioner were to sit in front of you and say "my goodness, what a mess!  How on earth have you managed?" you might feel much better.  It's the fact that you are treated as though you are a nuisance/hypochondriac who has no right to question their authority that causes the most distress.  If they had cut off the wrong leg, their mishandling of your treatment would be blatantly obvious and undeniable.  When the problem is related to cognitive function and ability to deal with what most people find irrelevant/easy, it is less clear cut but still not acceptable.  

    For anybody to suggest that you should be grateful that they didn't miss a condition that could kill you is offensive.   Depression can, and does, kill.  Depression caused as a result of primary diagnosis being missed is no different than losing your sight because somebody failed to notice your diabetes.  

    I suggest you get in touch with the PAL or Google patient advocacy.  Try wading through the information because it will tell you how they can act for you to ensure that you receive the treatment you deserve.  You may find that this is all you need to make you feel better but if it is not, then you can contact a lawyer to talk about whether or not you want to take it further.

    Most people will be put off the idea of suing because of comments like the ones that have been made to you - nobody wants to be responsible for taking money from patient services - or because they are worried that their treatment will be affected by the fact that they have sued.  Showing damages - which is what you must do to be awarded compensation - is also very difficult.  You need to have something concrete you can describe that has happened to you as a result of the misdiagnosis (such as loss of earnings or real - by which I mean measurable - emotional distress or broken relationships etc).  Compensation payments are also likely to be relatively small: the largest compensation payments are awarded in cases of negligence where it can be proven that quality of life has been irrevocably altered (such as with complications at birth that require a patient to have lifelong care etc).  

    Notwithstanding the above, if more people complained and/or sued, less people might be put in your position.  We are extremely lucking to have the NHS but that does not mean that it is beyond reproach.  It is paid for by our taxes so in a way we are shareholders and as such have a responsibility to ensure that it is run correctly.  We also have a right to good 'service'.  Just because something is free to the user does not mean it can be substandard.  I think everybody would be outraged if we sent vaccines to a 3rd world country that turned out to cause medical problems and would demand somebody be held to account.  Why should it be any different with the NHS?

    Finally, my advice to you would be: read.  Read everything you can about the issues that affect you.  Be informed so that you can have a say in your treatments.  It is your right to question - doctors are people, not gods, and they are intrinsically fallible.

    Good luck

Reply
  • First, let me say that you should not let anybody belittle your experience of misdiagnosis: it is extremely distressing and affects your life just as much as if they cut off the wrong leg.

    Second, it would be good if people stopped making comments suggesting that suing the NHS takes money away from the rest of the people who need treatment: it does not.  The NHS, like any other huge corporation, has LIABILITY INSURANCE which is what pays any claim for compensation.  In addition, any practicing professional such as dentist, lawyer, GP, osteopath etc, will have liability insurance.  Nobody is denied treatment because somebody sues for not receiving the correct treatment.

    As for the misdiagnoses you feel you have been given, it is possible to have co-morbid mental health issues with autism and the problem, as I see it, is that people of your age (I am 46) presented with difficulties at a time when autism was not on the radar of most GPs.  Autistic spectrum disorders or high functioning autism didn't really exist at the time so the difficulties you face with these 'conditions' were likely to be interpreted as psychological rather than neurological.  Of course, once this has happened, you are invariably going to be given pharmaceuticals which complicate the issue and, as you state, depression is almost inevitable when wading through each day is such a challenge.

    I think that what is most important to somebody in your position is the acknowledgement that you have been let down by the system.  If a medical practitioner were to sit in front of you and say "my goodness, what a mess!  How on earth have you managed?" you might feel much better.  It's the fact that you are treated as though you are a nuisance/hypochondriac who has no right to question their authority that causes the most distress.  If they had cut off the wrong leg, their mishandling of your treatment would be blatantly obvious and undeniable.  When the problem is related to cognitive function and ability to deal with what most people find irrelevant/easy, it is less clear cut but still not acceptable.  

    For anybody to suggest that you should be grateful that they didn't miss a condition that could kill you is offensive.   Depression can, and does, kill.  Depression caused as a result of primary diagnosis being missed is no different than losing your sight because somebody failed to notice your diabetes.  

    I suggest you get in touch with the PAL or Google patient advocacy.  Try wading through the information because it will tell you how they can act for you to ensure that you receive the treatment you deserve.  You may find that this is all you need to make you feel better but if it is not, then you can contact a lawyer to talk about whether or not you want to take it further.

    Most people will be put off the idea of suing because of comments like the ones that have been made to you - nobody wants to be responsible for taking money from patient services - or because they are worried that their treatment will be affected by the fact that they have sued.  Showing damages - which is what you must do to be awarded compensation - is also very difficult.  You need to have something concrete you can describe that has happened to you as a result of the misdiagnosis (such as loss of earnings or real - by which I mean measurable - emotional distress or broken relationships etc).  Compensation payments are also likely to be relatively small: the largest compensation payments are awarded in cases of negligence where it can be proven that quality of life has been irrevocably altered (such as with complications at birth that require a patient to have lifelong care etc).  

    Notwithstanding the above, if more people complained and/or sued, less people might be put in your position.  We are extremely lucking to have the NHS but that does not mean that it is beyond reproach.  It is paid for by our taxes so in a way we are shareholders and as such have a responsibility to ensure that it is run correctly.  We also have a right to good 'service'.  Just because something is free to the user does not mean it can be substandard.  I think everybody would be outraged if we sent vaccines to a 3rd world country that turned out to cause medical problems and would demand somebody be held to account.  Why should it be any different with the NHS?

    Finally, my advice to you would be: read.  Read everything you can about the issues that affect you.  Be informed so that you can have a say in your treatments.  It is your right to question - doctors are people, not gods, and they are intrinsically fallible.

    Good luck

Children
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