Could I make a no win no fee claim for this?

peral1

Hi . I am a parent of 2 adult children with multiple disabilities . Hello 😊

my daughter was gradually overdosed with phenytoin . It was awful as we couldn’t understand why she had started to fall and stagger . We had her eyes checked (she has an eye condition and retina is weak) . All investigations have to be under anaesthetic as she is hospitals phobic.

I started to think she must have s brain tumour . I went to her neurologist (managed her epilepsy) . She observed her and came up with a syndrome (ataxic syndrome) . I mentioned the phenytoin and wondered if that was the problem . I asked for her to be admitted to have a blood test and an mri . The peaduactruc ward was very familiar to her (due to epilepsy ). The dr stopped me from going to the ward or going to A and E . She said she would sort things and maybe it would be possible to lower kiras dose . I left but by the weekend felt stupid that I’d allowed her to over rule me . I phoned the eye hospital that had taken blood in July (it was now December) . They sent me a copy and it showed the level of the drug in her blood . By now she was barely able to move or stay awake . We had to battle to be taken seriously in A and E . I refused to give her the drug (she would not take from anyone else) … so they had to admit . After 3 days they eventually put her underGA and found the level dangerously high . It took a year to get her back on her feet . That year we had both in wheelchairs . We do not drive . I am an ex physiotherapist . She started to interact and build her language skills . My little girl started to return . It has keft her very anxious and scare to walk etc she us still not at the level she was . She has tics and seizures and poor communication skills abd di we can’t explain what happened etc

she was 18?at the time and is now 23 . We had our hands full . We did complain to the hospital . It is not easy to complain and especially whilst you are rehab Ng her and looking after two adult children etc

do you think she has a chance to go through no win no fee . If the neurologist had chased her blood results then she would have prevented this . I suspect she realised what was wrong with my daughter on that day and is why she band other access to the hospital and reduced the drug slightly .., after all somebpeople recover from ataxia syndrome !

She has never had mental capacity . Could I take via a no win no claim on her behalf this late in the day?

Jimm_Scope

Hello @peral1, welcome to the community 😊 That sounds like it was an incredibly stressful situation and I am glad you were finally able to not only figure out the issue but it was eventually accepted and dealt with. I could not give you any advice about legal action as I am not a lawyer but have you considered discussing your situation with the Health Service Ombudsman? I'll pop a link to it below.

Welcome to the Parliamentary and Health Service Ombudsman | Parliamentary and Health Service Ombudsman (PHSO)

I've also just moved your discussion over to another category where it may receive more attention and so hopefully more answers or advice! 🙂