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sueing the hospital (yes or no)

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P.
Red Rocket



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PostPosted: 10:00 - 22 Nov 2014    Post subject: Reply with quote

Highway code 110 and 111.

110
Flashing headlights. Only flash your headlights to let other road users know that you are there. Do not flash your headlights to convey any other message or intimidate other road users.

111
Never assume that flashing headlights is a signal inviting you to proceed. Use your own judgement and proceed carefully.

Kindly present that to them, they did a boo boo, its their fault. Same happened to me, was settled in 5 months with a payout for every damaged part of my car and my passengers burns from the seat belt.

At least get an interim payment. Are you calling them every day? I did, helped them want to get my case closed.
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EazyDuz
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PostPosted: 10:54 - 22 Nov 2014    Post subject: Reply with quote

Its worth trying, i would anyway
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J0Al1
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PostPosted: 20:16 - 22 Nov 2014    Post subject: Reply with quote

Hope your on the mend, after a run of bad luck there.

Don't sue, that's everything that's wrong with today's society. Nothing in the medical world is foolproof, it might have been extremely tricky fracture to spot.

I do however wonder if people are in job for the jobs sake not the love of it though... I'd have loved to have been a radiographer or similar.

Appointments, rarely get booked in the time scale they suggest. My six week follow up took 3 months. They are quite simple overrun with patients to deal with.

Insurance route makes sense.

Get well soon
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Rogerborg
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PostPosted: 22:36 - 22 Nov 2014    Post subject: Reply with quote

andyscooter wrote:
other party isn't admitting fault as they said a van flashed them out of a junction

My sole (to date) incident of shouty-face has been to some daft tart who stopped and flashed a car out of a side street as I was approaching on the other side of the road.

Along the lines of if you're too bleeping dim to see other bleeping road users then don't flash your bleeping lights like you're got some bleeping god bleeping right to direct bleeping traffic. You daft bleeping tart.

Her tears were like manna to me. Drooling

Spoken to an ambulance chaser yet?
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andyscooter
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PostPosted: 10:27 - 23 Nov 2014    Post subject: Reply with quote

had a case going through since day one or do you mean about the hospital
remember the wrong persons medical report thingy

am waiting to see a independent specialist who deals with broken bones to get a report now as the first one just wrote this is beyond my area of expertise every were

also put me as right handed when im left and insisted i had a broken ankle not leg

this bit is now sort of true

have written and sent a very long and detailed email to PALS to see what they say first rather then just jump in shouting im suing you

and will go from there
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Annabella
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PostPosted: 21:08 - 26 Nov 2014    Post subject: Reply with quote

Swampy and map (jolly good fellows) have covered it all already.

Don't just email PALs, call them or drop into the office as well. They are independent to the hospital so will work on your behalf - start by building a good relationship with them and they'll do you good.

There is a standard scale for litigation and reported incidents and all NHS Providers, as swampy said, have to legally have a specific insurance with the NHS Litigation Authority to cover payments of this kind the cost of which is enormous.*

I'm sure you don't need telling this, but keep a record of everything. If you're struggling to get anywhere, drop me a PM - as an NHS bod paid mega bucks to cover ass (thanks map) Wink I'm happy to help point you in the right direction if need be.



*As an aside for swampy's interest - the cost of our NHSLA insurance for the whole of the private healthcare provider's NHS contracts far outweighed the cost of any claims. In fact, in the period I managed the NHS contracts we received 0 claims making it 100% more expensive than our claimed expenses... Laughing
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Triton Thrasher
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PostPosted: 21:53 - 26 Nov 2014    Post subject: Reply with quote

Rogerborg wrote:
andyscooter wrote:
other party isn't admitting fault as they said a van flashed them out of a junction

My sole (to date) incident of shouty-face has been to some daft tart who stopped and flashed a car out of a side street as I was approaching on the other side of the road.

Along the lines of if you're too bleeping dim to see other bleeping road users then don't flash your bleeping lights like you're got some bleeping god bleeping right to direct bleeping traffic. You daft bleeping tart.

Her tears were like manna to me. Drooling

Spoken to an ambulance chaser yet?


I'd lay blame on the idiots who emerge when someone flashes at them.

Unless they're big and tough and the flasher is a wee girl, obviously.
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Rogerborg
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PostPosted: 22:28 - 26 Nov 2014    Post subject: Reply with quote

Triton Thrasher wrote:
the flasher is a wee girl, obviously.

Susan Boyle stylee, wouldn't touch her with Bonny's.
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Triton Thrasher
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PostPosted: 22:34 - 26 Nov 2014    Post subject: Reply with quote

Rogerborg wrote:
Triton Thrasher wrote:
the flasher is a wee girl, obviously.

Susan Boyle stylee, wouldn't touch her with Bonny's.


100% of blame in any crash or near miss goes to a chick I wouldn't shag.
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blueglue
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PostPosted: 15:01 - 27 Nov 2014    Post subject: Reply with quote

We have an ongoing claim with the NHS whereby the district nurse kept patching my grandads leg up even though the ulcers had gone supernova (i made that bit up) then imploded as gangrene in his foot. He then hobbled about on it for a few more weeks until he couldn't stand on it any more and fell down some stairs.

The gangrene had liquefied his muscle and bone and they had to pretty much remove it.

The Hospital doctors clearly horrified how bad it had got thought we as a family had let it happen and were in the process of reporting us to social services when it was pointed out a district nurse had been going in three times a week.
Reports were made. Documents went missing and solicitors have have done bugger all.

What im getting at with first hand experience here is get ready for the long haul and seek some legal advice to see where you stand initially. Either a family solicitor or a claim/blame which normally gives you the first appointment free.

Im all for the NHS and mistakes happen, but negligence needs to be dealt with.

My grandad never left the hospital and died of MRSA related complication six months later.
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prawny1
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PostPosted: 13:31 - 02 Dec 2014    Post subject: Reply with quote

you would need access to the original xrays to prove there was a second break or fracture present before they treated you, if they get rid of them you are stuffed as you won't be able to prove it didn't break after treatment.

Ambulance chasers will happily put your case on hold if they have bigger fish to fry so you have to keep on top of them.
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Ste
Not Work Safe



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PostPosted: 13:59 - 02 Dec 2014    Post subject: Reply with quote

Annabella wrote:
Don't just email PALs, call them or drop into the office as well. They are independent to the hospital so will work on your behalf - start by building a good relationship with them and they'll do you good.

Had been impressed by PALs in the past but over complaints they strike me as a waste of space. Very disappointing really as they're meant to help rather than make things more complicated.

It would be nice if PALS or the relevant NHS trust would actually do what they said they would so don't expect much from them. It was naive of me to expect them to actually be even half way towards being professional.

OP... my advice would be to start by requesting a management review and if that's not satisfactory then make an official complaint. I consider both of those to be steps you should take prior to considering litigation, if not just to get something in writing from them confirming or denying your allegation(s). Whether you'll actually get anywhere with the management review is another matter, but still, if they completely fail to respond to that then you've got something else to add to your complaint!
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Dalemac
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PostPosted: 14:22 - 02 Dec 2014    Post subject: Reply with quote

Is it on your record that they were going to call you after two weeks?

Is your phone number and address up to date?

Personally if after two weeks I hadn't received the phone call, I would have taken 10 minutes out of my (non working day) to give them a bloody call and find out what the hold up is.

Seems to me like you don't want to take responsibility for your own inaction.

Why the hell were you paying for PPI if you aren't actually able to claim from it? Most policies require you to have a full time job when taking out PPI, so if you had changed jobs and become temporary, and not updated the insurance company, whose fault is that? The insurance company's, no doubt.....
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P.
Red Rocket



Joined: 14 Feb 2008
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PostPosted: 14:33 - 02 Dec 2014    Post subject: Reply with quote

prawny1 wrote:
you would need access to the original xrays to prove there was a second break or fracture present before they treated you, if they get rid of them you are stuffed as you won't be able to prove it didn't break after treatment.


I asked for my records from the hospital and have Xrays going back to 1999. Hopefully they'll have a few years worth.
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andyscooter
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PostPosted: 14:41 - 02 Dec 2014    Post subject: Reply with quote

well i know they have mine from after the op as i saw the break when we went in on the 20th november

and the one from the 20th

had another physio session yeterday

he is hoping i dont need an op as the last 14 weeks will have been a waste if i do

different hospital though

am awaiting the investigation results from PALS but they did say it could take a few weeks when i spoke to them
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P.
Red Rocket



Joined: 14 Feb 2008
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PostPosted: 15:08 - 02 Dec 2014    Post subject: Reply with quote

Paddy. wrote:
Highway code 110 and 111.

110
Flashing headlights. Only flash your headlights to let other road users know that you are there. Do not flash your headlights to convey any other message or intimidate other road users.

111
Never assume that flashing headlights is a signal inviting you to proceed. Use your own judgement and proceed carefully.

Kindly present that to them, they did a boo boo, its their fault. Same happened to me, was settled in 5 months with a payout for every damaged part of my car and my passengers burns from the seat belt.

At least get an interim payment. Are you calling them every day? I did, helped them want to get my case closed.


Have you done this yet.

Have you called them today. If not, do so. Repeat daily.
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andyscooter
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PostPosted: 15:25 - 02 Dec 2014    Post subject: Reply with quote

solicitors cant do a lot at moment due to the fact im still being treated for things

they wont settle until the medical side is sorted as they dont know how long i need to claim loss of earnings for


off to see my consultant in january again signed off work til then and then may need to have an operation so will then need yet another 8 weeks off work

and awaiting an appointment to see a independant consultant for the claim to give them a proper report as the last one was not an expert on broken bones

so im at the mercy of doctors at the moment

solicitors are calling me every week with bits of info

on the upside am now on a higher rate of benifit and have just had a raise in tax credits so have a bit extra cash coming in

this still isnt the 350 quid a week i was earning though Twisted Evil
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alex965
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PostPosted: 18:15 - 02 Dec 2014    Post subject: Reply with quote

I really can't see that sueing the NHS when they are already horrifically under funded will do anything constructive. It's really important to make a complaint so they know where they fucked up and they can hopefully address it in the future.

But really, taking money out of their budget that could be allocated for treatment or admin is just a bit...well...not good imho. But each to their own.
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Ste
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PostPosted: 18:45 - 02 Dec 2014    Post subject: Reply with quote

alex965 wrote:
It's really important to make a complaint so they know where they fucked up and they can hopefully address it in the future

There are various problems there...

Lots of people would be very hesitant to complain when there's a good chance that they will need care from the very same people they're complaining about. Get branded a trouble maker and would you really expect the same level of care?

What do you do when you start the complaint process (management review) and the NHS respond with literally nothing, absolutely nothing, where do you turn then?

Who do you go to for help when PALS are being more of a hinderance than a help?

What do you do when the staff you're seeking help from are more interested in ignoring the complaint and hoping it goes away than they are in reaching a satisfactory conclusion to your complaint?

How many 'levels' up the ranks of senior staff should it be necessary for the person making a complaint to contact in order for their complaint to actually be listened to and addressed?

etc etc etc

If complaints were dealt with quickly, efficiently and amicably then the words 'clinical negligence' are much less likely to be said by anyone. The excuses for dragging out the complaints process don't help the NHS, it doesn't help the person who made the complaint and it doesn't help prevent the same happening to other patients in the future. The only person it helps is the individual the complaint is about.

They put people in an situation that leaves them feeling like they've got no where to go, their complaint isn't being listened to yet alone being properly addressed so all they've achieved is getting themselves branded as a trouble maker.

Yes the NHS is horrifically under funded but that's by no means a 'get out of jail free' card, if anything doesn't that mean that complaints should be treated much more seriously in order to reduce future complaints and or litigation?
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Annabella
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PostPosted: 11:11 - 09 Dec 2014    Post subject: Reply with quote

alex965 wrote:

But really, taking money out of their budget that could be allocated for treatment or admin is just a bit...well...not good imho. But each to their own.


So you have failed to read previous posts from people who work in the NHS and understand how the complaints procedure works.

For clinical negligence and litigation the NHS has an insurance policy, claiming through that insurance policy does not impact on that Provider's budget in any way. It doesn't impact on their insurance premium next year either. It's a completely separate pot of money which can't be used for anything else.
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Llama-Farmer
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PostPosted: 15:06 - 09 Dec 2014    Post subject: Reply with quote

Don't sue the NHS, it generally already does the best it can with one and a half arms tied behind its back.

Add to the claim against the 3rd party... you're much more likely to get the money that way anyway.
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Minty
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PostPosted: 15:12 - 09 Dec 2014    Post subject: Reply with quote

Annabella wrote:
So you have failed to read previous posts from people who work in the NHS and understand how the complaints procedure works.

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map
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PostPosted: 15:16 - 09 Dec 2014    Post subject: Reply with quote

Llama-Farmer wrote:
Don't sue the NHS, it generally already does the best it can with one and a half arms tied behind its back...

IMO it's a business nowadays just like any other. It is the largest employer in the UK by quite a margin. Once about 5th in the world behind McDonalds, Walmart, Chinese army and US DoD.

It's the management that really don't do the NHS any favours. The front line staff do what they can with what they let them have. Then again there are front line staff who just go through the motions, like any workforce.
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Llama-Farmer
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PostPosted: 15:21 - 09 Dec 2014    Post subject: Reply with quote

swampy wrote:
(I'm convinced my trusts premium is substantially more than the cost of paying for any mistakes directly).


Like most insurance in most fields then.

If insurance companies paid out more than they raked in then they'd run at a loss, which is pointless. They need to make more than they pay out, which means most people paying more in premiums than they get back in payouts
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