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21614
hdtg
hdtg (Rank: Mileva Einstein)

To follow on from my previous question could anyone advise please...

What is the legal obligation of a hopital to provide care to a patient in a timely fashion if faliure to do so "may" lead to harm?

To clarify, as some of you will be aware I am currently expecting and have been having a few health problems, it is my gps view (though she has run tests) that a scan needs to be done sooner rather than later.
This scan is already overdue as the hospital lost the original referal meaning that the 12wk scan (now two wks late on estimated dates though could be more) will not be carried out for another 6wks. This also means that the 16wk scan and consultant appointment will not take place until an estimated 20wks.
It is my gps view this may be a multiple pregnancy but until this is confirmed she cannot treat the issue which is causing me to be ill and potentially threatening this pregnancy.
She has tried to get this brought forward as a matter of urgency but without success.
Likwise I have contacted the PCT but the person who deals with this is away on holiday.
I dont want to sue them, I would like advice regarding their legal responsibiltys and how to get them to provide a reasonable standard of care before they cause harm through negligence.
Any advice you can offer will be appreciated.
Many thanks:)

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Asked in Law, Health care, advice asked on: 04/28/2008 08:06pm
closed on: 05/01/2008 02:25pm

4 Answers

37934
jocasam

jocasam

Rank: Novice (13)

113 minutes after the question was opened (04/28/2008 09:58pm)

1

There is no specific duty upon a hospital to provide care beyond their general duty of care. Your difficulty is that the only action that can be taken is where damage has been caused, and you want action before damage has occurred.

Even then you would only be successful if you can show the hospital was negligent. But the standard of care is not the usual one of liability where damage is reasonably foreseeable because there is a good defence to show that a reputable body of medical opinion would have acted in the same way as is complained about.

Unless you can bring some other leverage to bear, or your GP could refer you to another hospital, or you could pay privately I do not think there is much that can be done. Other leverage ideas would be
to talk to the PALS [Patient Advice and Liaison Service] at the hospital as I've found them helpful in bringing other resources to bear. A useful weblink is http://www.dh.gov.uk/en/Managin gyourorganisation/Legalandcontr actual/Complaintsp... copy
and there may be something on
http://www.dh.gov.uk/en/Healthc are/Primarycare/Urgentcare/inde x.htm copy.
Have you spoken to your MP?
Does your local radio station have a consumer rights programme as they can be helpful means of 'pressure' by asking the right questions 'in search of a possible story'.

Sorry can't be of more help.


Supplement from 04/28/2008 10:48pm:

The general duty of care is the same as for everyone ie liable for damage that is reasonably foreseeable as flowing from an act or omission.
A specialist would have to answer the question of what is usual for scans at the time intervals you mention but that would only help you if you can find one who is prepared to say that some specific damage is reasonably foreseeable if you don't have the scan AND also that no body of medical opinion would think it reasonable not to have the scans.
You might with difficulty make the first hurdle but the second....?

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37756
high1971

high1971

Rank: Novice (57) | law (50), health care (5)

3 hours after the question was opened (04/28/2008 10:32pm)

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i will over you 2 pieces of advice but PLEASE NOT I AM NOT TELLING YOU TO DO THESE

1 go to the hospital and wave the patients charter in their faces that should be all the power you need, but read the patients charter first before you do this

the second opion is to rind and ambulance and say you have a problem with your pregnancy this one is very extremem but will get you the us scan that you need

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babmcg

babmcg

Rank: Novice (3) | law (71), advice (9), health care (7)

3 hours after the question was opened (04/28/2008 11:04pm)

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if your gp think's their is harm to either you or you baby [s] they can demand that you have your scan sooner rather than later' if the hospital fail to do this then they are failing in there 'duty of care guidelines' i know hospitals are very short staffed these days' however if there is a risk then you can force the issue and get your doctor to contact them to explain to them how serious the situation is' good luck' thoughts and prayers are with you' let us know how you go'

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12845
KentPDG

KentPDG

Rank: Immanuel Kant (8,772) | law (126), advice (7)

7 hours after the question was opened (04/29/2008 02:10am)

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Helen, I know nothing about how to cope with England's socialized medicine scheme, nor what are the legal liabilities and responsibilities.

My first reaction is unhappiness at the news that you are having some troubles. I know that the physical problems are compounded by anxieties, and unfortunately to are being exaggerated by an incompetent and unfeeling bureaucracy.

In the US, should such a situation occur (and our medical practice differs from yours), a woman in your condition would get her doctor to declare her in an emergency condition, facing the threat of, I don't know, toxcemia or spontaneous abortion or eclampsia or something else requiring immediate attention in the hospital. then the woman would be admitted, and given whatever tests the doctor would order.

It may be that your doctor could light a fire under those people with some kind of emergency declaration. if you get the scans, and whatever treatment you need, and if it later turns out not to have been such a critical situation -- what can they do? And you will have gotten treatment, if you need it, and certainly you would gain peace of mind -- important for you and your incipient baby/ies.

Sorry for not much help, but I do want to express sympathy, concern, and hope for your situation.

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  • Comments
697
beeper_spryte
beeper_spryte

i've got no advice, i wouldn't know where to start. i'm keepin' 'em crossed for you though, you got my best wishes coming your way.

>>>hugs<<<

21614
hdtg
hdtg

Thanks Beeper:)

20936
siasl74
siasl74

Ask to speak with that persons boss?

21614
hdtg
hdtg

Thanks siasl but they PCT apprantly has only one dedicated staff member for this task and as he is away the boss is merely lisiting issues until he gets back rather than being able to offer practical help.

21614
hdtg
hdtg

apparently (sorry)

20936
siasl74
siasl74

That seems a bit negligent to me, if he's just writing post-it's for that person to come back from their holiday. Surely your GP can provide you with a referral that states in no uncertain terms that you need the scan asap due to the potential risks and complications that you are experiencing? If you have that, then that clearly demonstrates they are being negligent in adding to the delay. Take that and go sit on the hospital boss until he surrenders.

Chin up, too. Dealing with this sort of thing on top of all else can't be fun. Hope it gets sorted.

21614
hdtg
hdtg

Thank you all for your help and kind wishes, I got a solicitor involved and though his ability to take any legal action at this stage is limited, his phone calls on my behalf seems to have helped motivate people a little. In anycase my scan will be tomorrow and im seeing the consulatnat monday. With a little luck all will be well and thanks for all your help:)

20936
siasl74
siasl74

Hope the scan went/goes well (curse the lack of time stamp on comments...)

21614
hdtg
hdtg

Thanks siasl, I wish there were time stamps also, it would make life lots easier:)

21614
hdtg
hdtg

Ah forgot the point, I posted the comment about 5mins ago (14.30, thurs :)