Ask our Experts
by Caroline Godfrey, July 28th, 2011
I have received incorrect treatment from my GP/Consultant which I think amounts to negligence. How can I make sure that this doesn’t happen to others?
If you have concerns about the treatment you have received you have a year to make a complaint to the surgery or hospital concerned. Upon receipt of your complaint, the matter will be investigated, the people involved questioned and you will be provided with a written response. It is unlikely that disciplinary action will result but, if the matter is conducted properly, those concerned will consider whether practices need to change or whether further training and/or supervision is required with a view to avoiding a recurrence for other patients. If you are dissatisfied with the response to the complaint you are entitled to refer it to the Ombudsman for further investigation.
The treatment may have left you with injuries which prevent you from leading a normal life and have caused you financial losses, in which case you may be considering a claim for compensation. Medical negligence is a highly complex area and it is essential that you seek advice from a recognised specialist in the field. Even if the evidence is supportive, claims are usually vigorously defended, or the value of the claim contested, by the legal teams instructed by the NHS or the medical defence unions. The advice and support of a specialist with proven experience of medical negligence claims is therefore critical to give you the best chance of securing the compensation you deserve. Time limits apply and it is therefore recommended that you explore your options with a specialist at the earliest possible stage.
Symptoms of Ovarian Cancer
by Caroline Godfrey, May 5th, 2011
Women who present at their GP surgery complaining of persistent bloating and abdominal pain should be offered a blood test to check for ovarian cancer. This is according to guidelines just published by the National Institute for Health and Clinical Excellence (NICE).
Many women complaining of such symptoms are diagnosed as suffering with Irritable Bowel Syndrome and are sent away with dietary advice. Whilst it is clear that not all GPs should diagnose ovarian cancer without first considering other lesser conditions, it should remain in the forefront of their minds as a possible explanation. Alarm bells should ring when the patient describes ongoing episodes of discomfort, feeling full quickly and the frequent need to urinate.
Dubbed “the silent killer”, ovarian cancer kills two thirds of those diagnosed within 5 years. The reason for this is that the disease is so far advanced by diagnosis that the treatment options are simply not available to the patient. On average, women are waiting 18 months between first attending their GP to complain of the symptoms, and diagnosis. By remaining more vigilant, GPs should order a blood test to check the protein levels at an early stage. If raised, the patient should be referred to a Consultant Gynaecologist within 2 weeks for Specialist advice and treatment. If diagnosed and treated early enough, statistics suggest that 9 out of 10 women will survive longer than 5 years. The blood test will cost the NHS £20, a small price to pay for the hundreds of lives that could be saved each year.
The clinical negligence department at Mayo Wynne Baxter frequently meet clients who have experienced a delay in diagnosis of cancer. This is a complex area of law where a number of issues must be thoroughly considered, including how advanced the cancer was at the time of the initial appointment with the GP, the extent of the GP’s advice and how long the cancer was allowed to progress undiagnosed. In some cases the distressing news is that an earlier diagnosis would not have altered the outcome. Clear evidence obtained by NICE, however, shows that a small change in working practices could have a profound effect on the survival rates of patients suffering with ovarian cancer.
If you, or any friend or relative, have concerns that a medical professional has failed to properly diagnose a serious medical condition then do not hesitate to contact a member of the clinical negligence team.
A stark warning for the NHS
by Caroline Godfrey, February 15th, 2011
Disturbing findings have been published today by the Health Service Ombudsman, Ann Abraham. Ms Abraham’s report entitled “Care and Compassion” is based on a detailed review of 10 cases of alleged neglect of NHS patients over the age of 65. These cases were chosen at random from over 1600 complaints made in 2010 by patients in this age category and their relatives.
Investigations revealed the plight of one patient who was discharged to a care home bruised, soaked in urine and dressed in another patient’s clothes, held up by paper clips.
Another lady was left to die on her own whilst her husband had been told to stay in the waiting room. They remembered that he was there 3 hours later.
One gentleman was discharged on the eve of a Bank Holiday weekend having been advised that he was suffering from advanced stomach cancer. He was not provided with adequate morphine and his family had to drive around in search of more.
Such cases are, unfortunately, not new to the clinical negligence department at Mayo Wynne Baxter. Our experience covers cases where nursing staff fail to attend to patients’ pressure area care to cases where hygiene needs and nutritional requirements are not adequately met or indeed even considered.
We also routinely encounter the client who is reluctant to pursue a “financially over stretched” NHS that is “only doing its best with the resources available”. This report makes it clear that lack of money is not to blame for these shocking findings but rather that there has been an “ignominious failure” to care for the patient’s social and emotional needs. Even more concerning is the indication from Ms Abraham that these ten cases are not isolated instances and are reflective of a growing trend within the NHS.
Whatever the reason, all patients, regardless of age, are entitled to a reasonable standard of nursing care and to be treated with dignity and respect. If you feel that you or a loved one have been let down in this regard then please do approach a member of our team for a free initial consultation.