take action against GP

[calacip]

Hi

 

I have a condition that causing me too much depression , its something that NHS doenst normally pay for and I have togo on private cosmetic surgery, My old GP thought its worth persuading and they may consider it due to circumestances surrounding my case .. she made some contact with someone in NHS but not the correct person, since then she moved to another GP ...

 

someone from NHS replied to my old GPs saying its not usually paid for blah blah ( which we already know ..)... the person from NHS is not the best person and my case needs to be dealt by appropriate person from NHS and comment on.... my new GP is not helpful and not referring me to NHS ( looks like I need to shout for them to undrestand what im going thru), I want my GP to refer me to appropriate person and that person to review my case as I believe my case should be dealt with by NHS and shouldnt go private and pay myself..

 

I am going thru great deal of stress because of my new GPs failure to undrestand my problem can I take action agaisnt my GP ?

can I write letter to my GP and say i will seem legal advice agaisnt his failure ?

[Panthro]

Just for clarity. Old GP refers to PCT to state needs cosmetic procedure on NHS as seriously affecting your mental health. Old GP left but got a response from PCT saying no. Your new GP refuses to refer you again and to a different person this time?

 

You are of course entitled to a second opinion. Is the GP part of a practice with a few doctors or is he/she a single doctor? Can I ask, who is the 'appropriate person' if you have already heard back from someone I assume who has the authority to make a decision like this? Why are they not the best person - because you didn't get the answer you wanted? Is the other person more likely to say yes? Is there any appeal process? You can of course continue with your current GP to show the impact your condition has on your mental health or seek the second opinion as above. Has your GP (old or new) diagnosed clinical depression?

 

You can't actually take legal action to force a GP to do something AFAIK. If you have a complaint, you have to go through the appropriate channels first. This will first be a complaint to the GP practice (usually the senior partner if a multi-partner practice). They should then reply and give you the information to escalate the complaint if so desired.

Edited November 27, 2011 by Panthro

[calacip]

Just for clarity. Old GP refers to PCT to state needs cosmetic procedure on NHS as seriously affecting your mental health. Old GP left but got a response from PCT saying no. Your new GP refuses to refer you again and to a different person this time?

 

You are of course entitled to a second opinion. Is the GP part of a practice with a few doctors or is he/she a single doctor? Can I ask, who is the 'appropriate person' if you have already heard back from someone I assume who has the authority to make a decision like this? Why are they not the best person - because you didn't get the answer you wanted? Is the other person more likely to say yes? Is there any appeal process? You can of course continue with your current GP to show the impact your condition has on your mental health or seek the second opinion as above. Has your GP (old or new) diagnosed clinical depression?

 

You can't actually take legal action to force a GP to do something AFAIK. If you have a complaint, you have to go through the appropriate channels first. This will first be a complaint to the GP practice (usually the senior partner if a multi-partner practice). They should then reply and give you the information to escalate the complaint if so desired.

 

thanks for the reply, I dnt have access to old GPs letter and dnt know how it was put forward to the lady in NHS, but i was given copy of the responce letter and it seemed very generic. the person from NHS ( she is a consultant , cant remmeber he job title) said that there is a department within NHS that offers the service under NHS and for private clients and she think its only offered to some patient under NHS but i dnt qualify for.I dont think if she was told about circumestances of my case, perhaps i should find out about the letter which old GP sent ? i was expecting someone to see me or have full details just like old GP did and comment on my individual case not giving me generic response ... i already know that usually cases like mine or not covered under NHS.

 

what are the complain channels? who do I write to at this stage ?

there are multiple GPs in this practice.

 

perhaps i should write to my new GP and request copy the letter which GP sent and find out whether NHS can comment on my case as individual case ?

[Marianne7]

Hi Calacip

 

Requests for treatment/surgery not normally undertaken at an NHS hospital in your PCT are considered on an individual basis. Each PCT would have a whole list of exclusions, from pinning back ears, which was commonly done at NHS hospitals some years ago, to fitting a gastric band, to vasectomies, and many, many other things between. When a GP sends such a request to the PCT they would have/should have detailed precisely why they think you need this treatment, what effect the condition is having on your life/mental state, any other treatments that have been tried and failed to help the condition, etc. I believe it's not just one person who decides, but some sort board or committee who meet to discuss the merits of each particular case/request.

 

I feel that a complaint about your GP is not going to help much ~ this would certainly not get you the treatment you feel you need any quicker. Discuss the whole thing with your new GP; talk to them honestly about how you feel, and how you think this procedure would help. Try to find out the exact grounds on which your former GP's request was refused. I don't know how long ago the original request to the PCT was sent, but it might be possible that the GP could submit a further letter with more detailed information or changes that have occurred with your condition and your health since that time. That would, of course, be for you and your doctor to decide between you. Perhaps this would be the route to go down? Unfortunately neither you nor your GP can insist that the PCT allows any particular procedure to go ahead.

 

I wish you good luck with this and hope this helps.

Edited November 28, 2011 by Marianne7

[turboandy]

Hi Calacip,

 

I am sorry to hear you are having a problem with your doctor. This seems to be all too common these days. It may not actually be the doctor’s fault but your PCT’s. they are the people who decide on whether treatments should be paid for or not ultimately.

I strongly recommend that you covertly video record all that is said and done during your consultations with your doctor. The reason being that you will have proof of what happened at a later date, should you need to rely on it. The NHS has a track record of covering themselves against responsibility when paying for treatment is involved.

 

I have personal experience of this abuse, as i now have a criminal record because i dared to complain. the PCT fabricated evidence to sugest that i had threatened their complaints manager. Please be careful what you say to anyone in the NHS especially if its via the phone to their complaints process.

I refer you to this thread for further info regarding recording.

http://www.consumeractiongroup.co.uk/forum/showthread.php?256545-Audio-recording-your-consultations-with-NHS-doctors/page17

[burlyb]

I have an ongoing and ever expanding semi hard bump growing at the center of my rib cage and i have asked aprox 6 times with various CP's at my surgery to have an MRI scan to which they have refused my requests and the only person to agree my reqquest was a nurse practitioner some months back...the next day I had a call from the surgery to tell me that SHE 'nurse practitioner' had NO right to agree the request. I have so many various pains now from the bump that I feel a need to report the surgery due to i think they have mis diagnosed me way way back and are now trying to cover something up and even now typing this I need to stop and relax and lean back due to it feels like whatever the object is tries to tuck itself under my rib cage. I just need to know WHO to report this too due to NO one at the surgery is listening to me and the last doctor told me that they do NOT allow chest MRI requests from that surgery................how the hell does that work....everyone else i speak to who's had problems gets their requests sorted from their GP's

Edited May 1, 2012 by burlyb

[Marianne7]

Hello Burlyb

 

I think I am correct in saying that MRI scans CANNOT be requested by a GP, but must be made through a consultant at hospital. Therefore, you need to ask for a referral to a suitable consultant.

[burlyb]

Hi yes thats what i have been trying to do....sorry to have not projected myself in saying that in my message. I have seen a consultant about another issue with my shoulder and he is about as forthcomming on it as a sack of spuds................I think i'll have to make an official complaint as it has been so long now and getting worse plus all thos docs palmed me off and thats why I feel they have something on file they are trying to hide

[BazzaS]

Hi yes thats what i have been trying to do....sorry to have not projected myself in saying that in my message. I have seen a consultant about another issue with my shoulder and he is about as forthcomming on it as a sack of spuds................I think i'll have to make an official complaint as it has been so long now and getting worse plus all thos docs palmed me off and thats why I feel they have something on file they are trying to hide

 

First steps I'd advise in a similar situation is "try and look at it from the other's point of view" together with "what do I want to achieve, and how to get it?".

 

What do you want?. You've stated you want an MRI, but do you want an MRI, or instead to know what is causing the lump and what they are going to do about it?. The two might be the same, but could be different!.

It MIGHT be that you need an MRI, but it may be that they feel you don't and you insisting on an MRI has led to "digging in of heels" on both sides?.

 

Have they told you what they believe this lump is?. Have you told them why you think you need an MRI (rather than any other test)?

MRI booking slots are a finite resource, and unless it is the "best test" for the situation, insisting on one unless you can persuade them why, or that it is the "best test" if they feel it isn't : likely won't lead them to change their position.

 

If they haven't told you what the lump is, then I'd suggest going down the route of "can you tell me what this lump is, and what if anything needs to be done. If you can't tell me what it is, what needs to be done to find out?", using that to work your way up to an MRI if they can't get a reliable answer before that?.

 

If they have told you what they think the lump is, do you believe them, and if not, have you discussed this with them?

[burlyb]

Hi Bazzas this has been ongoing for over three years with my surgery now and I sometimes give up trying to get the results I WANT and not what they think I should have. I have typed up a letter to the surgery manager and was going to hand deliver it today but decided to wait to see if anyone could give me advice on here.

The doctors at the surgery are ALL saying it's this or that and none have agreed that it's anything other than fatty tissue''''I dont buy that' due to the way it has grown and the problems it has caused with it's growth and one of the leading doctors there has offered to syringe it and i told him point blank no way NOT without knowing MORE about what it is.

My problem is that i have lost two sisters to cancer and so now you'll maybe see WHY I want the scan.....I have had a full body bone scan and also sonar type scan to the left and right sides of my back lower ribs due to they have a boney bulge growing out of each one....they feel horrible and they too make it impossible at time to sleep on either side and all of these symptoms started to appear since I started taking tablets for my heart attack and for my diabetese....I didnt need or go to a bliddy doctor at all before all this shyte happened to me and I am sure that their are various tiers for tablets 'my being at the cheapest of the cheap' have not done me any good either

I have tried all avenues to try to get to the bottom of this with them GP's and it's always the same reply so now's the time for ME to take it to task.

[assisted blonde]

Have you asked for a second opinion? have you considered changing Drs? MRI scans only show certain things and may not be appropriate in your case. i have had my own problems with GPs so i do know how frustrating it is but If aa Dr thinks it is fatty tissue and wanted to syringe it why wouldnt you let them? if they were right problem solved and if they could not get anything out then it would perhaps have made them thinkl of other things, and it wouldnt have actually harmed you or made the condition worse.

[Nystagmite]

The doctors at the surgery are ALL saying it's this or that and none have agreed that it's anything other than fatty tissue'''

 

What tests have they done to reach the conclusion that it's fatty tissue?

[burlyb]

none what so ever and thats why I need to know one way or the other and it's got worse this evening the left side of my shoulder is aching righ into the centre of of my neck....5 doctors and one nurse practitioner NONE have done me any good at all and it's the same with this bump in my ribs.....I am starting to think they have prescribed cheap drugs since my heart attack in nov 06....so much has happened to my body since I started talking these tablets.....I need to find a fix although at times the horrible pains that are in my stomache and body are had to describe

[burlyb]

A=B I didnt allow them to draw off any of the fluid thats in the rib cage bump due to they seem to be clueless and think tablets will do the trick....I need to get some real power behind me to get this sorted but the horrible pain that comes to my chestaround and under the bump are really horrible pains like someone is scratching me with long nails from inside.....cant explain it more than this.......this all started going wrong about three years ago and the worse fear I have is that one of my sisters died from throat cancer and there is a horrible dull ache to the left side of my neck where the bulge is

[turboandy]

burlyb,

 

Sounds like you are heading down the rabbit hole like i did 2 years ago. PLEASE, look at what i have said regarding complaining about doctors etc on the below link. It will give you a good grounding as to why you MUST record what is said and who said it, or you run the risk of being made a criminal by the NHS.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?256545-Audio-recording-your-consultations-with-NHS-doctors&p=3781031&posted=1#post3781031

[burlyb]

I will Andy I am sick of what this practice has NOT done for me....i also part blame them for misleading my late wife and I about her cancer she passed away over 13 years ago and it's still stuck in my mind what they didnt do for her too....sick of the "it's a virus attitude" I have a good dictaphone thing that has lots of memory on it.

I emailed the GMC yesterday after reading what they WOULD and WOULD not do too....I think that was a waste of time doing that last night....got a nice letter from the practice manger today...she will be gathering the 5 doctors and one nurse practioner in her office .............erm sometime to taalk to them about my case that I gave to her by letter yesterday........already I feel the blades entering my back

[burlyb]

over three years this has been going on THREE YEARS of my trying to get to the bottom of it and I have seen an excuse of a consultant about the damage to my right shoulder and asked HIM if there is any way of getting my chest and left shoulder looked at FURTHER with his help due to the cortizone injections he gave me to my injured right shoulder has had no affect so he did that "for my shoulder" as far as I know he has NOT included this further request to have my rib cage and left shoulder looked at........the right shoulder is a new injury and not related to the other two issues it's been a nightmare trying to get the consultant to get me an appontment with the surgeon as it is...................I and my sons and late wife pay and have paid our taxes and yet I have a worthless elder brother who at 60 has spent all his life on the dole and has two new hips and other operations coming his way.....it's all so wrong this country and the class A aholes who make the rules.

Edited May 5, 2012 by burlyb

[turboandy]

I feel for you burlyb,

 

Trust me when I say you have no idea just what your getting yourself into here! I am looking at starting a big public awareness drive starting in Weston super mare later this summer about how the NHS covers up its wrong doing and how it's complaints system is designed to protect them from accountability every time. The whole system is a disgrace.

 

I once worked for the NHS as a biomedical scientist and with what I have learned since; I now realise I was intellectually castrated by stupid policies that only benefit the NHS's finances and not the patients. I wish I had done a different degree as I feel I totally wasted 6 years at university.

 

However, before you do any complaining to the NHS, please make sure you record all phone calls and log time/dates on your phone bill as proof of what and when it was said.

 

I made the big mistake of not doing that when I called a PALS complaints manager in 2009 only to find later in the year that I would be prosecuted for threatening this person, when the truth is that I was being persistent in my complaint.

 

I now have a criminal record because the NHS falsified witness statements even though no evidence of the alleged phone call ever existed. Remember, we the public have a right to have proper healthcare and sometimes this just in not happening.

 

FYI, I can tell everyone on here that before you ever agree to have chemotherapy, study the evidence of alternative therapies such as sodium bicarbonate infusion first. The truth about what cancer actually is and how it's caused is being covered up by the big pharmaceuticals as they stand to loose billions if the truth gets out to the mainstream.

 

Check this link out. http://www.curenaturalicancro.com/

 

FACT: Chemotherapy causes more damage to DNA then anything else. FACT: Chemotherapy causes cancer in the long run. FACT: Chemotherapy drugs cost vast amounts of money and make vast profits for the drug companies.

Chemotherapy as a cancer cure is like what fossil fuels are to solving the energy crisis. Alternatives exist, but are not promoted because of the corporate control mechanisms.

 

However, if I were to ever believe the standard model of brainwashing and undergo any sort of chemo, I would only as a last resort agree to chrono-chemotherapy, as this methodology would minimise the genetic damage. See this link

http://onlinelibrary.wiley.com/doi/10.1002/cncr.11040/abstract

[Marianne7]

Re: comments about cancer/chemotherapy. I can only say that, when I was diagnosed with Stage 3 bowel cancer in 2004, my feet didn't touch the ground. Two weeks after diagnosis I was operated on, a couple of months later had a 24 week course of chemo, followed since by regular checks annually and an "open door" policy by my consultant ~ if I am worried at all during the year between follow up appts, I just call the secretary and I'll be seen. All my treatment has been at 2 hospitals, one in Exeter, one in Northampton, both NHS.

 

I am sorry that other people feel they have not had the same experience of care, but please remember that the NHS (and chemotherapy) do save many lives, mine included.

[burlyb]

Hi Andy I will be making sure i follow your tips here I have been told to contact Pals but by reading your comments it will another brick wall in my way if i do ....they are all devious ****...they probably leanrt this from bankers

[burlyb]

Hi Caducea It didnt save my wife she died of 2nd term breast cancer and it also killer her twin sister 3.5 years before....same cunsultant same bunch of misleading words....he told my wife she had some GOOD years left and less than eight weeks later she died...same consultant gave my sister in law "wifes twin sister" 4 months to live and then less than 5 days later she died....some get throught it I supposed depending on how good the care is in your area

[Nystagmite]

You have my sympathy, burlyb. I'm also having loads of problems getting a diagnosis. Parents weren't believed and it's taken a severe neck injury to get my issues sorted - they should have been sorted out 16 odd years ago. Well, I hope they get sorted anyway. I do have an appointment a week tomorrow and will hopefully get a diagnosis.

[burlyb]

Hi again Nys my youngest son just saw my neck and he can not believe the lump thats to the left side now and the way it's spread towards the middle of my back....i know it reads like the hunchback of notrespam.......I may go to A&E tomorrow due to the new pains that are coming from the affected area.............I think I am going to stir up a real hornets nest when they get an email or letter from the GMC....I just can NOT believe my life has gone this way and a lot of it is due to so called profesional people in suits.

I hope you get some good come your way....holla back anytime Nys

[BazzaS]

Hi again Nys my youngest son just saw my neck and he can not believe the lump thats to the left side now and the way it's spread towards the middle of my back....i know it reads like the hunchback of notrespam.......I may go to A&E tomorrow due to the new pains that are coming from the affected area.............I think I am going to stir up a real hornets nest when they get an email or letter from the GMC....I just can NOT believe my life has gone this way and a lot of it is due to so called profesional people in suits.

I hope you get some good come your way....holla back anytime Nys

 

Why go to "A&E"?.

A&E is for accidents and emergencies. It doesn't seem that you are saying it is an accident, and if it has been going on for over 3 years you might be hard pushed to persuade A&E that it is an emergency, even if it is worse than it has been before.

 

You may end up waiting close to 4 hours to see a junior doctor 2-3 years out of medical school, who will see you, then discuss it with their boss, and they may well then send you back to your GP.

A&E isn't (and shouldn't be) a "2nd alternative to the GP's", and some A&E's will actively redirect such patients at their initial assessment.

 

If it has been going on for 3+ years, but has got worse recently, would a better option to be seen by the "out-of-hours" GP service, unless you feel it is an emergency that needs to be seen at A&E.

If the out-of-hours GP thinks you need to be seen at hospital, they could then refer you direct to the relevant team, (you might be seen, physically located in A&E, but by a speciality team, rather than the A&E team).

 

I wouldn't want to dissuade a true emergency from attending A&E, nor someone who needs a cut stitched or a fracture excluded after an accident, but those people who need A&E will be seen less quickly if A&E is dealing with non-accidents that aren't emergencies.

 

If you do think it is an emergency, I'd encourage you to attend A&E, but sooner rather than later, as an emergency (pretty much by definition) shouldn't wait.

If you don't feel it is an emergency, would you consider phoning NHS Direct to seek their advice on where best you might be seen?

Edited May 7, 2012 by BazzaS

[burlyb]

Hi BazzaS I would call an out of hours GP but if they are linked to my surgery then I'l give that a miss due to the real lack of care I've had from them and as I said this should have been sorted over three years ago but now the lump has started to go harder and it's spreading to my the middle of my shoulders and is affecting my left arm and shoulder and pushing up and into my spine "whatever the substaance is" thats causing the lump.

I am going to see a good friend of mine soon so she can trace the outline of the ever extening bump and A&E is a backup for my complaint against my GP's and their "a box of tablets" will fix it attitude................I do have a method to what some of you may see as my seemingly madness plus there is REAL pain and a lot of discomfort in the areas now and the abilitty to turn my head is getting worse and the pain that keeps shooting up the left hand side of my neck and into the back of my head is now quite bad.............another almost sleepless night just gone.

My friend is a rikshi massues and she knows the body well and she can trace the lumps and draw the outter area and take digital pix of it...well done turboandy for his foresight in this for me......I need to discharge the recodings I have on my device " from when I went to see a patent atturney" ready to gather my evidence.............I didnt make dogey mistakes when I was building extensions etc that may have cost lclients their ives so why should I allow these GP's to mess with mine