Legal Advice Needed!
Discussion
I know there are a few legal bods floating around this site - and obviously I will seek advice in a more professional way if needed - but I'm just after a quick and rough idea of what to do.
Mrs Mutt has been suffering from vertigo, the imbalance of the inner ear (rather than the fear of heights), for a couple of weeks. She saw our regular GP who prescribed a course of drugs to clear it up. Last week she went back (towards the end of the first course of pills) to get a fresh supply / see if there was anything else she could take as these hadn't worked so far. She saw a different GP who after running her through a few balance related tests prescribed a different drug.
All weekend Mrs Mutt has been feeling sick and been extremely drowsy, a recognised side-effect of the new drug, but to the extent (coupled with the fact that she still didn't see any improvement) that she decidied to go back to the GP to come off these pills.
This is where it gets shitty - Today she has seen yet another different GP (this is a regular problem at our local surgery - but that's another issue!) and this GP has told her that she has been prescribed entirely the wrong drug! So wrong in fact that she has been prescribed a very strong drug designed to treat schizophrenia and depression!! Understandably we are rather pissed off by this and feel that we should take this further - What is the best way forward from this?
Thanks for the help!
mutt
Mrs Mutt has been suffering from vertigo, the imbalance of the inner ear (rather than the fear of heights), for a couple of weeks. She saw our regular GP who prescribed a course of drugs to clear it up. Last week she went back (towards the end of the first course of pills) to get a fresh supply / see if there was anything else she could take as these hadn't worked so far. She saw a different GP who after running her through a few balance related tests prescribed a different drug.
All weekend Mrs Mutt has been feeling sick and been extremely drowsy, a recognised side-effect of the new drug, but to the extent (coupled with the fact that she still didn't see any improvement) that she decidied to go back to the GP to come off these pills.
This is where it gets shitty - Today she has seen yet another different GP (this is a regular problem at our local surgery - but that's another issue!) and this GP has told her that she has been prescribed entirely the wrong drug! So wrong in fact that she has been prescribed a very strong drug designed to treat schizophrenia and depression!! Understandably we are rather pissed off by this and feel that we should take this further - What is the best way forward from this?
Thanks for the help!
mutt
Before threatening legal action, speak with the practice manager first
Always try to get it resolved locally first before going the legal route. I understand your anger at the incompetance - my local GP surgary mis-diagnosed my hernia 6 times and after going to the hospital they diagnoised it instantly and were surprised that the doctors surgery had misdiagnosed as it was "very obvious" to them
Always try to get it resolved locally first before going the legal route. I understand your anger at the incompetance - my local GP surgary mis-diagnosed my hernia 6 times and after going to the hospital they diagnoised it instantly and were surprised that the doctors surgery had misdiagnosed as it was "very obvious" to them
gh0st said:
Before threatening legal action, speak with the practice manager first
Always try to get it resolved locally first before going the legal route. I understand your anger at the incompetance - my local GP surgary mis-diagnosed my hernia 6 times and after going to the hospital they diagnoised it instantly and were surprised that the doctors surgery had misdiagnosed as it was "very obvious" to them
I must admit my first thought was to speak to the practise manager but surely all this will acheive will be a quick apology ... I'd rather make sure this doctor was repremanded somehow.
I should have pointed out in my original post that my intentions are not fianacially based (although if we end up with compensation I won't be handing the cheque back!)
I suffered from an ingrowing hair on my back a few years ago. My GP though it was a localised skin infection and kept om giving me antibiotics over the course of 12 months, unsurprisingly it didn't get any better (in fact it made it worse).
I went to a private skin specialist who diagnosed it within 5 mins of the 1st consultation, I booked an op through Bupa and was back to work a few weeks later.
I've since changed GP and sent him a letter explaining why.
I'd advise you seek the help of a private ENT specialist, sure you'll pay for it but your health is worth it, and see about changing GPs.
I went to a private skin specialist who diagnosed it within 5 mins of the 1st consultation, I booked an op through Bupa and was back to work a few weeks later.
I've since changed GP and sent him a letter explaining why.
I'd advise you seek the help of a private ENT specialist, sure you'll pay for it but your health is worth it, and see about changing GPs.
rich1231 said:
GP's have to be experts at everything and if the doc was using for example the EMISS (think its called) a drug prescription will flash up on screenas having various side effects and other treatments.
Drugs can other multiple uses that not all GP's are aware of.
The doctor that has made the ballsup did consult a book before prescribing the drug, but seemed to think that rather than the vertigo being caused by a problem with the inner ear that it was being caused by a problem with the brain ... hence leading him into the brain drugs. One quick look into Mrs Mutt's ear this morning was enough to convince today's GP that her inner ear was swollen! He has also referred her to an ENT specialist!
Wow GP gets it wrong, does that make you think that he/she is incompitent based upon a mistake such as this? Your second diagnosis may be wrong, and the first correct. Wait and see the ENT specialist first before being hasty. And to jump to a lawyer as your first resort as you seem to want to do is a bit how shoould I put it "Ambulance chasing behaviour"
>> Edited by rich1231 on Tuesday 31st May 11:51
>> Edited by rich1231 on Tuesday 31st May 11:51
Mutt, you don't seem to be clear about what you want from the surgery.
Do you want to 'sue their ass' for a few grand or do you want to make sure that no-one else suffers the same mis-diagnosis?
You seem to be rather keen on the claim first/get money route from your posts, or have I got it wrong?
Do you want to 'sue their ass' for a few grand or do you want to make sure that no-one else suffers the same mis-diagnosis?
You seem to be rather keen on the claim first/get money route from your posts, or have I got it wrong?
Tyre Smoke said:
Mutt, you don't seem to be clear about what you want from the surgery.
Do you want to 'sue their ass' for a few grand or do you want to make sure that no-one else suffers the same mis-diagnosis?
You seem to be rather keen on the claim first/get money route from your posts, or have I got it wrong?
Yup ... definately got it wrong, the only reason why I've asked for legal advice is not to see how much we can sue them for but rather what is the correct procedure for taking this further. Personally I'd be quite happy to give the offending GP a sound kicking, but as Tonker said earlier there are less confrontational approaches!
Also today's GP was shocked that the brain drug had been prescribed for vertigo, suggesting to me that doctors 1 & 3, who have both prescribed a standard vertigo treating drug are more likely to be correct than doctor 2, who prescribed a drug to treat mental health problems.
>> Edited by mutt on Tuesday 31st May 12:09
Talk to the practice manager - they take these things very seriously as they potentially under threat from the PCT for their contract. Failure to deliver to the PCT under the contract they are under will effectively put them out of business - not a good idea for anyone....
So, talk to the practice manager and see what they will do. Demand an appology and get them to explain how they intend to ensure that this doesnt happen again. Beyond that the only people who win are the solicitors!
If this fails then go and see the PCT. They will take this further on your behalf and see what they can do. Since they hold the purse strings they have a lot of power, and what you dont know is that there maybe a lot of complaints against this surgery or doctor. If this is the case then maybe something can be done, but let the NHS wheels turn..... albeit slowly.....
What amazes me is the lack of clarity and transparency of the whole procedure. Doctors are never wrong are they.....
So, talk to the practice manager and see what they will do. Demand an appology and get them to explain how they intend to ensure that this doesnt happen again. Beyond that the only people who win are the solicitors!
If this fails then go and see the PCT. They will take this further on your behalf and see what they can do. Since they hold the purse strings they have a lot of power, and what you dont know is that there maybe a lot of complaints against this surgery or doctor. If this is the case then maybe something can be done, but let the NHS wheels turn..... albeit slowly.....
What amazes me is the lack of clarity and transparency of the whole procedure. Doctors are never wrong are they.....
mutt said:
Yup ... definately got it wrong,
In that case my apologies.
I would go with a phone call to the practice manager to set up a meeting with the senior partner, etc.
As has been said before, they have a duty of care to act on this, and they are concerned that people will sue them.
The last people to go to for resolving a dispute are lawyers. They will take your money, another lot of lawyers will take money off the practice. It will drag on for ages and use up lots of your time and money and the practice's. Whatever the conclusion you will not be happy as the law looks at both sides of things and you will be fed up of the whole thing by then anyhow.
Work out what you really, really want out of this. Chat it over with a level headed mate or two. If you then feel you must act use the proper complaints procedure. Not lawyers.
Spurious and unnecessary legal actions are costing the health service many, many millions. Our taxes which are supposed to make people well enriching lawyers instead.
Work out what you really, really want out of this. Chat it over with a level headed mate or two. If you then feel you must act use the proper complaints procedure. Not lawyers.
Spurious and unnecessary legal actions are costing the health service many, many millions. Our taxes which are supposed to make people well enriching lawyers instead.
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