Would this be classes an negligent ?

[Iam back]

I am self a self employed construction worker (Own company with one employee) and Last year I injured my neck and back at work and had to take a couple of weeks off to recover. However after 3 weeks I was still in agony to the point that I was struggling to bend, sit, sleep let alone work. Made a GP appointment and i was given 30/500 co-codamol which i took for a month but still no change.

Had a telephone consultation with the doctor and he said to give it time. Went to an osteopath and he done some tests and he said he would not do any adjustments on me as he could be causing further damage and advised getting an MRI scan as he suspected a disc bulge due to the leg and neck tests. Only an MRI could confirm this.

Back to the Doctor and he actually laughed when I mentioned what the osteopath had thought the problem was. I was put on the list for the NHS physio and prescribed 1 weeks supply of Tramadol for the pain. Was given exercises which were painful to do but done what i was told as financially i was now struggling and would have done anything to get back to work.. Physio then signed me off as they said they were unable to help and I was referred to a back pain group who deal with chronic back pain.

In the meantime the doctor would not prescribe any pain killers and told me to use ibuprofen and told me to make an appointment with a group who meet every second week and talk about pain management which i faithfully attended and although was great to get out and meet people It didnt help with the physical pain i was feeling.

The chronic pain group is an exercise based group with back problems. When i attended on my first day i was informed that there was no paperwork for me so they were unable to give me a work out plan as they didnt know what the problem with my back was. Told them where i had pain etc, and i done the basic exercises which were irritating my back and neck and could feel that this was making me worse.

I was then experiencing more pain with pain now going down both legs and into my feet so a trip back to the GP and i mentioned again about the disc and asked again about an MRI but again insisted that in hid opinion i didnt have a disc issue. I stressed that I needed to get strong painkillers and investigation work done as there was a problem somewhere and the fact that I wasnt getting any financial support such as sick pay and had a van mortgage and other bills to pay and he said no to the referral for mri and told me to change my job.

Ive worked since i was 16 and now in my early 40's, thankfully never been on benefits and this is the first time ive needed help from my GP. This is the first time ive actually met my GP

Being told this was not really what i wanted to hear from my GP. I ended up feeling useless and in a deep depression with terrible dark thoughts and put on antidepressants.

While still attending the group meetings, I was talking to a few others and they all seemed to have had MRI scans so I m thinking why not me?. Does my doctor think im faking it? . Surely not as im not benefiting from faking it and actually its slowly ruining me financially after 23 weeks of not being able to work ! Am i not forceful enough? Possibly

Decided that I needed to get a private MRI carried out. The results came back as Disc L5-S1 level disc herniation impinging on S1 nerve. Cervical disc herniation at disc levels C5-6

Due to the cost of the scan I did not include a follow up consultation as the cost goes up and up. As I just got the results in yesterday i intend to make another GP appointment armed with the results to see how it pans out. Given this though even If i now get referred to a specialist within the NHS its going to be 6 Months plus so I think i now will have to pay for a consultation. My mind is everywhere at the moment.

So after that long post my question is: Was my GP negligent as he examined me and said that I did not have any disc issues even when the osteopath picked up on this with his examination, as well as not getting an MRI done ? Im pretty sure that the Osteopath did write to my GP although i am going to request a copy of my medical file.

I feel as though I was not taken seriously by my GP and also find it unfair that I have had to pay for my own MRI scan. I really feel let down.

Would just like to know where i stand with this as i feel he was negligent in his care.

Thank You

[2222]

You would need an expert medical opinion on whether your GP was negligent. Even if he was, it doesn't prove that he has caused you harm. You'd need your medical expert to provide an opinion on that too.

One of the points is that, although you now have a diagnosis, that doesn't mean there's a cure. Think about all those people in the chronic back pain clinic who have had an MRI.

If someone offers you surgery, as a quick fix, you should think twice or three times about that and get lots of information.

[Peridot]

Think you may be jumping the gun a bit 2222 at this stage.
Clinical negligence claims are particularly difficult to prove unfortunately. There is such wide ranging opinion on the treatments of back problems it may be that you could find 4 or 5 different methods none of which would be incorrect. However there are guidelines that should be followed by GP's in dealing with back problems.

From the sounds of it you weren't taken particularly seriously. This has lead to you obtaining your own MRI scan which now hopefully opens the door to your receiving some specialist treatment from an orthopaedic specialist. Fingers crossed your appointment comes through soon.

In the meantime it would be sensible to write to the GP surgery and make a complaint about your treatment by this particular GP who apparently did not take matters seriously. Point out you do not regularly attend the GP so when you do it must be for a genuine reason. Include the various things your GP referred you to and the fact that you followed all recommendations although felt you were not being taken seriously.

I am not suggesting that there is any potential claim here but if you are able to make a claim in the future it would have been necessary for you to have made a formal complaint to the surgery and trust in the first instance.

At this stage I would keep pushing for an appointment date for the referral to see a specialist. You need to be getting your options as to how you can be treated and focusing on that. If the pain becomes too unbearable, it may be that your only option would be to attend A&E if you are getting no further with your GP. Maybe seeing another GP in the practice could help?

There is a 3 year time limit on bringing any claim so I would suggest focussing on getting treatment at this stage. Keep invoices and a note of contracts you have lost money on for future reference and make a formal complaint to the GP surgery. Then if further down the line there is evidence the GP has acted negligently you will be in a position to approach a clinical negligence specialist to see what prospects they feel there may be if you were considering trying to pursue a claim.

[2222]

"Think you may be jumping the gun a bit 2222 at this stage."

I was trying to answer the OP "So after that long post my question is: Was my GP negligent ", and I was saying that would be a matter for expert evidence. Furthermore, even if the GP was negligent, the OP also needs to have expert evidence showing that the delay caused him significant harm.

I agree that I may have given the wrong impression that the OP should rush off and hire an expert witness straight away.

[Iam back]

Hello again,

Update: Spoke to my GP and he has told me to self refer to a physio and that theres nothing more he can do despite my back still being in agony as well as other things that are now happening such as delay in urinating and terrible muscle spasms that get that bad that I cant move. He wont refer me to a specialist which i just cant believe.

Ive tried getting a new GP out with this practice although there are no practices taking on new patients so im stuck with this one.

I have still to write a letter to the GP and will do this soon.

The scan itself has cost me just over £1000 and really feel that I had all the red flags enough to send me for an MRI, so i am wondering if there would be a possibility of getting the NHS to pay for this due to the doctors fobbing me off. Yep im desperate, fastly becoming skint now !

[Peridot]

Thanks for the update. You do need to get the formal complaint in if you have any future intention of bringing a claim in negligence against the GP. I would also suggest that you obtain a specialist clinical negligence solicitor's advice on the likelihood of being successful in any claim. I would point out however that a solicitor would not take the potential claim on, until the formal complaint process has been completed.
Do keep us posted.

[Iam back]

Another Update:

Made a formal complaint and received a letter from the practice manager basically stating that they were sorry to hear that I had to complain and that it would be kept on file.