NHS Gynae Delays
Women let down by NHS gynae delays could be due compensation
More women than ever are being left to suffer from treatable gynaecological conditions due to unacceptable NHS delays. Some could be due compensation, says Vincents Solicitors’ Clinical Negligence expert Debora Harrison.
Women are suffering unnecessary pain, emotional distress and even infertility due to delays in NHS gynaecological treatment a new BBC investigation has revealed.
Blamed on the backlog caused by Covid, the investigation found more than 600,000 women are waiting for appointments for common but debilitating conditions such as fibroids and endometriosis.
The delays are causing untold distress to patients and, in some cases, resulting in their condition worsening before they receive treatment.
I’m waiting for a delayed gynae appointment, can I get compensation?
At what point does someone have a claim for compensation?
If you can demonstrate the delay has caused you to experience unreasonably prolonged symptoms, or that your symptoms have become worse during the period of delay, or that the delay has materially affected your outcome, a claim could be successful.
If you have incurred expense seeking private treatment to try and circumnavigate the lengthy waiting lists, these costs can sometimes be claimed along with damages for your avoidable suffering.
If you think you fit this criteria, please feel free to give us a call to discuss the potential for a claim.
If I can’t claim, what can I do?
If I was among those waiting for an NHS gynaecological appointment, these would be my next steps.
- Make that call
All too often people say they ‘don’t want to be a bother’ or ‘the NHS is busy enough without me mithering’ and feel uncomfortable calling their surgery or consultant to find out what’s happening with their appointment.
The health service is full of professionals doing their best, but admin errors happen with alarming frequency. The NHS is like any other organisation, letters get lost in the post, messages don’t get passed on, information is sent to the wrong place etc.
It’s perfectly acceptable to call and check your referral has been made as promised, or that you have received those crucial test results.
In fact, you have every right to call, and keep calling if necessary, until your voice is heard.
Let’s be clear, if you are waiting for an appointment then you have been told by a medical professional that you need one. Don’t worry about bothering those people whose job it is to help you.
- Speak up
If your symptoms change or your condition worsens, tell your doctor straight away. Don’t wait to ‘see what happens’ and don’t worry about seeking further advice and reassurance. If it’s not relevant, they’ll tell you.
The more information your doctors have, sooner rather than later, the better.
Also make sure to tell them any relevant medical background or family history. Too many people tell me they didn’t think something was important, or that they didn’t mention their family history which might have influenced their treatment pathway.
And never underplay your pain or the impact the condition and the delay is having on your life. You know your body best, and if you are concerned, tell someone how it is affecting your quality of life.
It can be helpful to write notes before you speak to someone, to ensure you’ve given them the fullest and frankest picture possible.
- Know your position
The NHS has targets for different services. For elective procedures or planned care the target is 18 weeks. All too frequently, patients are waiting far in excess of this timescale.
The current government plans to ensure that the NHS will meet this standard of 18 weeks from referral to treatment by March 2029.
For those patients already in the system, what can be done to alleviate their suffering and worry?
It can be helpful to make a note of your first appointment date and mention it in subsequent correspondence, referencing the number of weeks you have been waiting, it could help to expedite your appointment.
I would also suggest patients download the NHS App. This holds information about you and your appointments and test results, it can also allow patients to book appointments and choose providers where there may be a shorter waiting list. Knowledge and communication are important tools for patients, this App can help with both.
- Ask for an alternative
Is there an easier way to do the appointment? Could your consultant do a telephone appointment rather than face to face, or even a video call? Is there someone else you could see in the meantime or is there another clinic with shorter waiting times which is available for you to attend?
Politicians are changing the landscape all the time, maybe ask if your treatment is something which falls under the government’s new plan to reduce waiting times. Is there a new Community Diagnostic Centre available for you to access, for example.
If you can be flexible with times, dates and locations, this can often help bring your appointment waiting time down.
Sadly, we are seeing delays across the board, not just in gynaecology. For some patients this can make a huge difference to the success or failure of their eventual treatment.
If you feel that you have been let down by the NHS, or a healthcare professional don’t hesitate to contact Debora Harrison at Vincents Solicitors on DeboraHarrison@vslaw.co.uk