Hep C Discussion Forum

Jaggles · Senior Member

RE: Has anyone sued for misdiagnosis and failure to safeguard / prevent?

Cinnamon Girl · Guru

Hi Jayne,

I can completely understand why you`re feeling angry and frustrated by how long it took for you to be diagnosed, it took years of visits to doctors and misdiagnosis before I eventually found out I had Hep C, so I know how it feels. That was back in 1995 but unfortunately it still seems to be something that`s overlooked by many GP`s, even though really it`s inexcusable these days.

I`m glad though that you`ve decided to move on and concentrate on getting yourself cured. Yes, you could try to sue the NHS but it would most likely be a long drawn out and stressful process. On the other hand you could consider making an official complaint, if you wanted to go down that route. If you feel you`d like to get more advice I would recommend getting in touch with the Hep C Trust, a UK based Hep C charity who are very happy to be contacted for advice. Here`s their website, you`ll find their confidential helpline number at the top of the page... Hep C Trust

And yes, there still is a stigma attached to Hep C, it`s still poorly understood or known about, but I would try not to let it get to you. You have an illness and you`re getting prepared for treatment, that`s the main thing, so try and push aside any feelings of guilt. Feeling stressed just clouds your thought processes and robs you of your peace of mind.

Wishing you all the best of luck, let us know your blood results when you get them. And please don`t hesitate to talk to us any time, you have a great bunch of people on your side here! smile

Jaggles · Senior Member

Thank you again all for your wisdom and reassuring kind words. I will take your good advice and for now concentrate on healing. I did leave a message for my consultant secretary to call me for copy of most recent blood results but like all other departments....she has not got back to me. I will chase her again today.

I cannot thank this site enough for always being there. Remarkable that not many people are aware of this virus, how it works and there is so much stigma still attached. Even my work, although very supportive in getting me back and adjusting my hours until January, yesterday sent a sneaky e mail from head office prodding me for more information about my condition. I opened up and told them straight as thry asked for a death benefit quote.nthey said they were setting up rewards and benefits for all staff but oddly, no one else including my manager who was recently diagnoseddiabeties 2 and another colleague who has severe epilepsy, never asked the same questions. I am going to take a deep breath and from today just focus on my healing and refrain from being so honest. I prefer honesty however, as the response I get stresses me it does not help me heal. I will come back next time hopefully with some Alts And bilirubin results. Thanks again xxx

Cheddy · Moderator

Hello Jane,

I agree completely with Canuck here. Focus first on healing - in every way. Later, if you still feel the need to rectify, that would probably be a better time. For now, you don't need the stress. Law suits are awful.

I also understand your frustration. There are lots of misdiagnosis when hep c if not considered. For example, fatigue is representative of many illnesses. I was continually diagnosed with depression, and it didn't help my liver one bit. At the end of treatment I was depressed (ribavirin) and needed a bit of help for some time.

My doctor (who has been astonishly accurate for many years) said she just about fell off of her chair when she read my HCV positive results. I'm not saying that negligence does not happen. It does. In your case I would document that you specifically asked for liver testing. But remember that our experience leads science and we are part of pioneering change. New protocols, here, now recommend the all baby boomers should be tested.

For the time being, I hope you focus on the opportunity to stop this disease in its tracks. You'll know a lot more about your own needs after your fibroscan.

Conversely, you don't owe anybody anything for having gotten a virus. It's just a fact of life and living. Don't let anyone villainize you.

I'm so sorry you are in this position. It's so emotionallycomplicated. We have solid treatments, making it a good time to find out. You will get through this!

Now tell those people in your court to get behind you and give you all the support you deserve. We're here for you, too.

Please let us know your results.

Best,

Cheddy

Canuck · Guru

Jaggles,

I understand (the anger and being sacred).

I would advise you to concentrate on the most imminent, necessary and important steps in front of you.

Get yourself set up for treatment (like you are doing). The fibroscan is important, so is having your A and B titres tested, and immunization started if required.

Start finding out what possible drug regimes may be offered to you, or, what else you may be able to get, and how.

Did you have any ALTs, ASTs, billirubins to post? As you go along, (I would) ask to have copies of all your recent lab test results, and other reports, to always be copied to you, for your own ref. records at home - so you can know your history/baseline and follow the changes. ie, fibroscan/ultrasound reports.

At some later point (when you are ready for, or have started treatment, or have finished treatment), you will have more breathing room and less pressure, to concentrate on righting other things.

Be resolved, methodical, pro-active and organized. Good you got your girls testing arranged. Deep breaths, one step at a time. It IS a lot to deal with I know, but, you will do it, and get there and be free of this stress. C.

Tig · Admin

Hi Jayne,

Since you're in the UK, my knowledge of your legal system is limited. The most important thing with healthcare lawsuits here in the US is documentation and timelines. We have a number of statutes dealing with time limitations. My advice is to speak with legal counsel and see what your options are. If they can piece together a timeline with proper documentation proving negligence, then it may be worth pursuing. It's quite a fight, but a good attorney can help you along.

Our UK members may be able to explain how your NHS deals with such cases. Good luck...

Jaggles · Senior Member

I have been advised that I can sue my Doctors as they have had so many chances to diagnose me ( especially as I have constantly asked if my Liver was ok ) for the past 25 years every time I took ill or prescribed meds....I don't really know what to do but solicitors say I have a case. I guess I feel guilty as I have been with that surgery for 30 years ...but am very angry that they let me get this bad. I have also had to argue that my 2 daughters get tested ( they wanted me to pay ) because we are not sure when I got this...daughters born 86 and 88 so it was around the time when hep c was new.....they have now agreed to test for free because I argued that they had a duty to safeguard and orevent according to guidelines given then.....I have my fibroscan next Tuesday so still scared and feel angry ...but do not wish to peruse a claim against NHS if it means I will be treated like a villain.....has anybody else made a claim and what was the outcome...??

Hep C Discussion Forum

Legal Disclaimer: