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View Full Version : NHS Complaint not unpheld only recommendations made


matab
03-15-2008, 03:01 PM
My husbands back was broken two and a half years ago when a car drove into the back of his bicycle. They suspected a fractured spine and took him to hospital on a spinal board. They took xrays and declared NO BONY INJURY and NOTHING ABNORMAL DETECTED. Despite the fact he could not walk, his bottom was numb, he had reported pain across the abdomen, buttocks and back, had raised amylase and shortened APTT and xrays that clearly showed fractures they put him in a wheelchair and left him there for me to collect. He had been under the doctors care for one hour spending most of that time getting the xrays.

http://i109.photobucket.com/albums/n61/Whiterabbit_01/Spinal%20Images/spinaldamage.jpg

Xrays months later showed the damage but we were told there was no significant bony injury. It was almost a year after the accident that a doctor took the damage seriously and an mri was booked - which took place over a year after the accident.

http://i109.photobucket.com/albums/n61/Whiterabbit_01/Spinal%20Images/spineimages.jpg

We complained to the hospital. They told us the injuries were old. We complained to the Healthcare Commission. They did not uphold our complaint. We complained about the complaint not being upheld when it is quite clear that he had a broken back, there was good evidence that he had a broken back - the images on xray. It was also clear that the damage was not old as they claimed - the vertebrae were out of alignment, the discs were out of alignement with the vertebrae and the kyphosis rapidly progressed following the accident. He was and remains in extreme pain. We have just heard that the complaint about the outcome of the first complaint has not been upheld. They say they "applied sound judgement in reaching evidence based justifiable decisions" on the case and "took the views of all parties into consideration". Apparently they "conducted a balanced review that was carried out in a rigorous and impartial manner in accordance with the provisions of the regulations which govern" their activities.

They say "I appreciate that you might be disappointed with my decision not to uphold your complaint" and "I am sorry that your request for reconsidertion was not dealt with in a more timely manner".

Has anyone had their complaint upheld in this system?

craigwalsh
03-29-2008, 08:06 AM
Has anyone had their complaint upheld in this system?

My detailed --- and, I thought, dispationate and well-reasoned complaint --- was acknowledged by the Chief Executive of the Worcester Royal Infirmary, and then my complaint was "lost." It may have been subsequently found, but they chose simply to not reply to it. They just ignored it.

I have been thinking about filing suit against them in Small Claims Court. (You can actually do this online.) It's not that I want money from the NHS, more an apology.

Has anyone ever tried to bring suit against the NHS in the Small Claims Court?

Your husband's tale of woe and NHS ineptitude is most upsetting. I hope (as a fellow misdiagnosed-broken-back-NHS-patient) that he's on the road to recovery, and not in too much pain.

matab
04-01-2008, 06:32 PM
Unfortunately he is not doing too great. The recovery is long and slow with lots of ups and downs. I don't think the long period of immobility due to the inadequately controlled pain helped. Together with excessive daytime sleepiness (up to 20 hours at its worst), sleep apneas and choking events it has been tough. I found this site by googling 'broken back' and I came across your thread. How are you doing now?