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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 15432
Experience:  Senior Associate Solicitor
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I went to the Dr in January 2019 with swelling in my right

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I went to the Dr in January 2019 with swelling in my right thumb; I was sent away and asked back if it didn't improve. It didn't and I returned. Inconclusive tests. I then moved house and visited a Dr down south in the March 2019 about my thumb. She sent me away and said there was nothing wrong with me. I left the appt in tears and didn't go to the Dr again until Sept 2019 when I was told my thumb was out of place. Because it had been left so long, the bone eroded and now even with surgery, I will never have full use of my right thumb again. Advised by Dr earlier this month. Do I have a case to pursue regarding medical negligence? I suffer from chronic pain in the thumb, and I'm right handed so it impacts my daily life. I now have a long term disability as defined by the 2003 definition, which if appropriately treated at the start could have been avoided
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I've not spoken with a lawyer, I'm asking if I have grounds to pursue as medical negligence before seeking further legal advice. I'm in England and this relates to our public health service
JA: What steps have you taken so far?
Customer: Begging the Doctors to fix my thumb? I was only told on the 16th of Nov that even with surgery they now can't help me
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I've been keeping notes on my case since seeing the Dr in Sep 2019 when they finally admitted there was something wrong, including calls to 111 and the medical notes I've been sent but I don't have access to all my medical notes at present

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Yes, my view is based on the facts you do have a case to sue for medical negligence - they failed to diagnose you which has now led to complications.

The NHS Constitution says "you have the right to receive care & treatment that is appropriate to you, meets your needs & reflects your preferences",

If dissatisfied, patients can complain to the NHS - their GP or provider Trust. If dissatisfied with the outcome of the NHS complaint, they can then appeal to the Parliamentary Health & Social Care Ombudsman here: https://www.ombudsman.org.uk/making-complaint

Patients also have the right to compensation where they have been harmed by negligent treatment.

It sounds like they were negligent however you will need a law firm to sue the NHS in a negligence claim - you should be able to avail of a no win no fee agreement meaning nothing to pay up front and you are fully protected from any legal costs if you lose.

The following firms operate in this area :

1. http://www.cfglaw.co.uk

2. http://www.seriousinjurylaw.co.uk

3. http://www.irwinmitchell.com

4. http://www.slatergordon.co.uk

5. www.prd.uk.com

Patients can also exert pressure by referring the matter to their local Healthwatch - who are patient’s consumer champions - yours can be found here: https://www.healthwatch.co.uk ) / to the local press / to your local MP.

You would also be within your rights to report the doctor to the GMC as a result: 0161(###) ###-####or by emailing *****@******.***

I hope this answers the question. If you have any follow up questions then please do let me know.

Many thanks,
Jim

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim

Customer: replied 10 days ago.
Thank you so much Jim, I can't express how positive it is to just have confirmation that I'm not crazy for feeling completely bulldozed by my treatment, Thank you for the links and advice provided, I think I have what I need here to look into pursuing this further

Hi, it's my pleasure - you may also have a future loss claim too if you meet the definition of having a disability under the Equality Act 2010 (an impairment, more than trivial - which affects your day to day life). So if you had loss of earnings, the future loss of earnings could also be claimed having regard to any residual earning capacity.
I recommend you instruct a law firm right away - they will need to source the medical notes from the doctors and they will need to arrange an independent examination by a hand surgeon - for the purposes of a report which will confirm the diagnosis, prognosis and any recommendations for future treatment if applicable - the report is used to value the claim

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