Help with a letter of concern subject data

[Halibo]

everyone

I'm new to the forum and I wondered if someone on here who is familiar with the subject data act and possibly medical negligence cases?

Unfortunately the limitation period is very close and issues related to my medical records have basically cost me loss of case.

I have requested to see my records obtained by my solicitors on several occasions. Only now when it's to late have they been sent to me.

I had raised many questions over 2 years with my solicitors in respect to the medico legal experts reports chronology and during discussions with my solicitors to no avail

Upon receipt of denied liability from the Defendant and the content of why liability was being denied. only raised more alarm bells, upset and hesitant to say anger reading the untruths within the statement received

Let down by my consultant whom I trusted and then my solicitors has been to much

Why an expert was even instructed before all my medical records relating to the surgery of concern was even obtained is beyond me

Upon reviewing my medical file from my solicitor it became evident very quickly why I had received such a poor Medicolegal report

My records contained all data relating to my emergency readmission and emergency redo surgery performed 8 days aft my original day case elective surgery, but the records relating to my original surgery all but 3 reports unsigned and barely ledgable were within my file.

I immediately contacted the hospital of concern to then receive the records that had been missing since the day be my emergency readmission and after speaking with a doctor on call whom told me to come to the ward the day after

Further records within these missing surgical records were from my emergency readmission reports from the aneathasist. Recording my anaesthetic records from original surgery were not within my medical records, nor on the system. Noted by the aesthetist as raised with seniority and flagged, further reported to the records department
During my original surgery, stated by my consultant as straight forward procedure reads that during the surgery I had to be re tubed x3, help was requested I was bagged and my tube was blocked
It's recorded as bronchospasm and plugging and emergency physio required on ward
I awoke from the pr in agony, and returned to the main ward on oxygen and had to stay in

My pain scores were 7
I was given ketamin and so much more all of which not on orig records with solicitors
And my consultant states I asked to stay in but didn't need to

I was seen by a physiotherapist with my husband and couldn't do all the exercises and had very poor scores

There is a hand written notes from another physio whom I never saw. The time line betw is 5 min and the one I did see recorded as time 14.20 states I was perfect in every way. Scores of 5/5 their is no proforma for this either

I was seen by only one physio at 14.25 reported as 2/5, 3/5 etc

The discharge report is not upto guidelines or anything

I thought my consultant did the procedure he didn't a trainee surgeon did it. Apparently my consultant assisted noted on these files only just been found as him being unscrubbed

The Surgery I was listed for was a day case left sided L5s1 microdiscectomy

Instead my disc space wasn't entered and I had a left-sided Laminectomy

Consent I signed stated left l5s1 microdiscectomy
Now reads left l5s1 mi and decompression

The procedure noted by aneathasist report missing until now report s left l5s1 microdiscectomy

I need help putting a letter together to the hospital please I'm desperate as I don't want what happened to me to happen to anyone else

..

[MIKE770]

stop making duplicate post stick to original

[echat11]

Have you contacted the ICO?

You could send the following template, make sure you get Proof of Postage -

https://ico.org.uk/your-data-matters/raising-concerns/

[Halibo]

My apologies Mike. I have tried to delete the other as realised posted in the wrong part of the forum. I wasn't sure who to ask either?

[Halibo]

Thank you Echat11 I'll have a look now

[Wilf]

Hi HALIBO I have read your story; it is a depressing read and I can fully understand your frustration at the way you have been treated.

I have also had problems with the NHS and had poor and substandard treatment.

The problem is you have to prove negligence, which believe me is something completely different from being treated badly. Sadly, it is pretty normal to receive poor treatment as the NHS is run ragged, but that doesn't necessary mean anyone has been negligent.

Reading your story, it is hard to pinpoint where the NHS has been negligent rather than just treating you poorly?

Negligence is a very misunderstood concept. In layman terms it is where your care has fallen below a certain threshold because a Doctor/Nurse or Health Professional has failed to do something or has done something which has impacted on you so badly you have been permanently damaged either physically or mentally.

The damage generally has to be significant and long lasting.

To give an example, it is negligent not to give you full information on a procedure. By that I mean possible dangers, dangers specific to you and alternative treatments.

If you have been informed of all of the above and you elect to the procedure, then the Doctor would-not be negligent if the procedure did subsequently impact on you negatively.

There are other ways a Health Professional can act negligently which can be researched online.

If you wish to take your case further you need to find where the NHS/Health Professionals acted negligently rather than poorly.

I suspect (but obviously don't know for certain) that is why you got poor specialist report. They were looking for negligence rather than poor quality care.

I am not legally trained but as I stated I have had my own experience of medical negligence and I am trying to pass on some advice.

Best of Luck