Medical negligence if fate is already sealed.

Elliott S

If you see a doctor and they fail in their duties towards you but it makes no real difference to the outcome of your illness ie it can be shown that you were already terminal at that stage but that if the doctor taking appropriate action would have won you more time through more options in life-prolonging measures and less suffering caused to you, is there any point into looking into action against their negligence?

davo10

You would have to show that the Dr's opinions or actions were negligent. Terminal diagnoses are of course the most devastating news any person can hear and people will often search for a Dr who will give them the longest survival time but the truth is that it is always only a guess based on knowledge and experience. One Dr may say 1-2 years, another 3-4, and people are often bitter with the one who gave them less time but only time will tell who is right. The disease and its aggressiveness can rarely be quantitatively measured at initial diagnosis and treatments are often pessimistic and optimistic in equal measure. One expert may advise aggressive treatment which may prolong life, another may advise you to enjoy the time you have in the knowledge that treatment will intimately be futile.

The only way you will know is by seeking another expert opinion and consult a solicitor specialising in medical negligence. But consider if you want to spend your remaining time fighting a court case when you have already been diagnosed. Have you actually asked the Dr why the treatment wasn't offered?

Elliott S

Well, in this case, advances mean you can be quite well for a good few years before things go downhill. It's not something as agressive as, say, pancreatic cancer we're talking here.

As for fighting a case, occupying the mind is a good thing. There is purpose. There is a lot of boredom involved in no longer being able to work. I know this might be hard to envisage but trust me on this. I'm a 30 something who in a parellel universe would be stretching my grey matter every day. Mental stimulation would be very welcome. After all terminally ill people can have periods of being very well. Don't believe me, look at what a lady called Kris Hallenga has done since being diagnosed with a terminal illness!

In my case, I'm talking about a very strongly indicative visual, physical sign of the illness, and secondary symptoms which should have left there be no doubt what was going on (I am confident that I will be backed up on that). In this instance, I was sent away with antibiotics.

In addition to this, numerous A&E visitis, numerous GPs visits, changing GP surgery when I had completely lost faith in one, losing faith in the next one, more A&E visits, all kinds of other illnesses being suggested and medicated for, potentially dangerous things being prescribed (ie physiotherapy on a back weakened by undiagnosed cancer), increasing desperation on my part as well a rapidly deteriorating physical health and finally, finally a diagnosis, which if it hadn't happened when it did, I doubt I would have lasted more than a few more months. It's very likely that I will have no case, but it will be thoroughly depressing if I don't. Pretty much everyone I know is shocked at how long it took to arrive at a diagnosis and how blasé pretty much every doctor I came in contact with was about my rapidly deteriorating health.

An earlier doctor completely dismissed the idea that it might be what it turned out to be due to my young age. At this stage, it likely would not have been terminal. Unfortunately that falls outside the statute of limitations as more than two years passed between then and diagnosis.

The treatment I have received has worked well so far, so I was lucky but things could have been even better for me with an earlier diagnosis.

Pat Mustard

Sorry to hear about this.

Unfortunately, we can't allow legal advice to be given here, so this thread will have to be closed.