Law in Action asks: Legal aid changes: long overdue reform or denial of justice?

Radio 4's Law in Action asks: Legal aid changes: long overdue reform or denial of justice? I listened to this programme today. There isn't an iPlayer version available unfortunately, but the programme will be repeated on Thu 23 Feb at 20.00 on BBC Radio 4. ""The single biggest attack on access to justice since the legal aid system was introduced". That's the view of the Law Society on the government's controversial proposals to reform the civil justice system. But the government argue that the legal aid system has become unaffordable and along with no win no fee has helped create a litigious society. They say the current system is a boon for lawyers, while draining resources from organisations like the NHS and leaving many small businesses in fear of legal action." It is clear that the intended changes to the legal aid system will have a disproportionately harsh effect on medical negligence victims and their families, who are already abysmally and inhumanly treated by the NHS and their scandalously futile Complaints System. I constantly wonder why Kenneth Clarke (Justice Secretary) is so astonishingly hard on medical negligence victims. I remember he was of the same mind when he was Health Secretary over 20 years ago. His bluff, faux-reasonable style cuts no ice with me.

Why does it never occur to anyone in government that the best way - incomparably the best way - to reduce the costs of medical negligence, both the financial costs to the victims and their families and to taxpayer funds, and the terrible cost in pain and suffering to the damaged victims, is to reduce the ever-increasing incidence of clinical negligence? - And the best way - incomparably the best way - to accomplish that is make health professionals ACCOUNTABLE for their negligence.

The Daily Mail reports that patients are being struck off GPs' lists just for daring to make a complaint

The Daily Mail reports that patients are being struck off GPs' lists just for daring to make a complaint. The article is commenting on a report by Health Service Ombudsman Ann Abraham.

"In one case, an elderly woman and her husband were removed after she wrote to the practice manager to complain that receptionists did not answer the phone while she was trying to book an appointment for their seasonal flu jabs. In a telephone call the practice manager warned them he would ‘get you struck off for this’. Shortly afterwards they were removed from the surgery’s list."

So making a complaint is punishable by being removed from the doctor's list... I invite you to compare this mean-spirited injustice with the way that complaints are dealt with in the commercial world. If you were to complain to Sainsburys or Tesco or M & S, I think you could be pretty sure that the complaint would be investigated and that you would receive a prompt, polite response with a detailed explanation for what had gone wrong, together with thanks for drawing the matter to their attention, apology for your inconvenience and very probably a voucher as recompense. And you could be absolutely sure that you would not be threatened with being banned from their stores! Decent businesses use complaints to improve their service to the public. Not so the NHS.

GPs are, as near as dammit, unaccountable to the public who pay their bloated salaries. (UK doctors are the highest-paid in Europe.) Even extremely grave errors routinely incur neither censure nor penalty. - Read Can you trust your doctor? The non-accountability of doctors encourages arrogance and increasing careless professional negligence. - Here is my own dreadful experience of the NHS Complaints Procedures. Why do so many doctors give such poor service? - Because they can.

Our present government claims that it is seeking to provide greater patient choice. What nonsense! Patient choice in the UK is, as ever, Like it or Lump it!

Update, Wed 19th October 2011: also see today's Daily Mail follow-up article on this subject.

Is the unaccountability of NHS staff the greatest threat to the health of UK citizens?

Is the unaccountability of NHS staff the greatest threat to the health of UK citizens? - Certainly many people would be of that opinion - especially if they have had personal experience of serious NHS negligence or a member of their family has suffered because of it. - Until you experience the NHS Complaints Procedures for yourself you can have no conception of how useless, evil and corrupt they are: how the NHS routinely and literally gets away with murder. Read in today's Telegraph report how despite presiding over the avoidable suffering and deaths of around 400 patients at that infamous, inhuman Stafford hospital between January 2005 and March 2009, Martin Yeates is not even going to appear at the public inquiry into the scandal. Like many another overpaid apology for a public servant he is claiming to be too ill to be questioned. - That 'illness' is Cowardice.

Well done to the Daily Mail for campaigning about the appalling care provided to far too many elderly patients by our unaccountable NHS!

As readers of this blog already know, the NHS Complaints Procedure does nothing about complaints except make life harder for the complainants; it is a sheer waste of time and effort making a complaint about poor or negligent treatment. And Kenneth Clarke, the Secretary of State for 'Justice', is proposing to remove clinical negligence from the scope of the civil legal aid scheme, so no help there either for anyone brave enough to take on as adversaries the extremely experienced legal eagles employed by the NHS and the healthcare professionals.

So very well done to the Daily Mail for campaigning about the appalling care accorded to far too many elderly patients by our non-accountable NHS, and for making a large donation to the Patients Association, a charity that tries to help victims of poor NHS treatment.

Record Rise in Complaints about the NHS

BBC News reports a record increase in complaints about the NHS. As I have written several times in this blog, since nothing is ever done about NHS Complaints (see
Cruelty, Clinical Negligence and the Abuse of Power in the NHS,
Complaints in Hospitals,
NHS Complaints Procedures Exposed and
The politics of salt consumption and powerful vested interests)
it is almost inevitable that complaints will continue to increase. If you read the individual comments beneath the BBC report you will see further examples of the futility of making a complaint about the NHS. Doctors and dentists are a law unto themselves and consider themselves inviolate against complaints made by patients. I sincerely believe that they and the rest of the NHS do far, far, far more harm than good.

NHS Complaints Procedures are exercises in futility and exhaustion for complainants

Here is a website dedicated to exposing the NHS Complaints Procedures as exercises in futility and exhaustion for patients and their families seeking to get something done about negligence in the NHS.

Read about my own experience of the NHS Complaints Procedures in my Mensa article on Cruelty, Clinical Negligence and the Abuse of Power in the NHS

Timely article by Andrew Gilligan, criticising our ever-worsening NHS

Telegraph article by Andrew Gilligan drawing attention to increasing deterioration in NHS standards, mainly attributable to overpaid, self-serving bureaucrats who don't care about the well-being of patients.

It's well worth reading the comments beneath the article. Almost all of them are scathing in their criticism of the NHS and desire for it to shed managers and quangos and such, and cut staff and costs in general. It would be difficult to find among these comments much support for the general political view of the NHS as a much-beloved/respected sacred cow that must be protected for the good of the nation.

My personal view, having had my health comprehensively and systematically destroyed by the NHS, is that it should not be reformed. It should be scrapped ASAP because it does far, far, FAR more harm than good. Our tax money would do more good as funding insurance for private provision with emphasis on nutritional testing and provision of suitable supplements where indicated.

But OVERWHELMINGLY we need legal and effective sanctions against culpable negligence by healthcare staff. Without accountability we have no protection from the damage they carelessly inflict on us. And I'm not talking about fines; I'm talking about criminal court cases.

See My Mensa article about NHS negligence and the uselessness of making a complaint.

BBC Panorama's programme tonight about very poor quality care in some NHS hospitals and the misleading claims they had made about the quality of care

I watched BBC Panorama's programme tonight about very poor quality care in some NHS hospitals and the misleading claims they had made about the quality of that care. For many years I have myself experienced deplorable NHS care both as an in-patient and as an out-patient and indeed had my health wantonly and callously destroyed by the 'caring professions'. And I've had a lot of personal experience of their lies.

If you hold the view that the NHS is admirable and that we are fortunate to have it I very profoundly disagree with you. - You must be one of the lucky ones who has not yet been harmed by the NHS. You can view tonight's programme on the iPlayer here: Panorama: Trust Us We're an NHS Hospital.

Or you can read about it on this BBC News webpage. If you think that making a complaint remedies anything you are mistaken. Complaints are routinely ignored, and certainly not acted upon. They routinely add to the problems and suffering of the complainants. See Fighting the System.

I firmly believe the NHS does far more harm than good and that it should be scrapped.

Fighting the System: NHS Complaints Procedures

The first feature article I wrote for Mensa’s monthly glossy magazine was about medical and dental negligence and the uselessness, cruelty and bias of the NHS Complaints Procedures, and was entitled ‘Fighting the System’. In the years since then there will have been changes to the Complaints Procedure, but I am confident that it still harms complainants rather than helping them or reforming the system.

This is a slightly shortened version of the article:

Fighting the System

An abscess flared up on one of my front teeth. Talking was difficult and sleep impossible. My dentist said there was nothing wrong. So I went to the Dental Hospital. The pain – sudden, acute, accompanied by swelling, most severe when biting – was exactly characteristic of an acute abscess. But the pain was discounted and the abscess not treated.

When you have toothache you chew in strange ways to avoid exacerbating it. This puts unnatural pressures on teeth and it is easy to crack them. This happened to me. A cracked cusp, a separate agony, went untreated. Tooth-brushing was an ordeal and could not be as thorough as before the pain. Decay started, causing further severe toothache. This also went untreated. It was almost a year before the abscess was treated. It was over two years before I obtained treatment for all the dental disorders causing the toothache!

If consulted by a man with an abscess and weeping in agony, surely the most negligent dentist would take note of the signs and symptoms and would treat the abscess in its acute phase, ending the pain. In a full year of many attendances at the Sheffield Dental Hospital I was constantly insulted and left in agony. One consultant called me ‘You Fat Depressives’, plural, instead of using my name. It was clear that he habitually addressed suffering women in this way.

I eventually found a dentist brave enough to try to put things right. He dealt with the gross infections, etc but tragically much of the pain had by this time become chronic, which often happens when the cause is not dealt with promptly.

I heard from other women who had had their pain derided or been told that it was ‘nerves’ or ‘all in the mind’. One Rotherham woman had endured agony from trigeminal neuralgia for 13 years before someone (a neurosurgeon in private practice) took her pain seriously and operated. The pain then stopped. Trigeminal neuralgia mainly attacks women and its only symptom is pain. It is not uncommon for people to kill themselves because of severe toothache or because of trigeminal neuralgia, so intense is the pain.

Thirteen years of needless agony. Why does such cruelty flourish? The answer is many-faceted, of course. It includes ignorance and arrogance. Pre-eminent, however, is the health professional’s demeaning attitude towards women, coupled with the scandalous fact that in this country doctors and dentists are accountable to no-one, not to the patient, not to the hospital, not to the NHS.

Women are sub-human, second-class citizens whose voice need not be heeded. Everyone knows, don’t they, that whatever a woman complains of, the ‘real’ cause is usually psychological, and instead of investigation and treatment all she needs is a brusque injunction to pull herself together and a prescription for tranquillisers and anti-depressants. That’ll settle her!

In my desperate efforts to obtain the treatment I needed I turned to every health agency. All pretended that negligence does not occur. No-one insisted that my teeth be examined and my agonising toothache dealt with. The health agencies and the people to whom complainants must address complaints are financed by the DHSS or the NHS and by definition not impartial. The Complaints Procedure routinely adds to the difficulties of complainants rather than dealing with their complaints of negligence.

Why are the legislators not moved to effective remedial legislation? There are many reasons, I suppose; laziness, fear, the myth of medical infallibility, the desire to keep in with medics and their retinues, the fact that most MPs use private medicine rather than the NHS and that when they do use the NHS they get preferential treatment. Surely, also, a lack of imagination – failure to comprehend the scale of the suffering, the profound and terrible difficulties of damaged victims – trapped in pain and distress and worry, trapped in misunderstanding, trapped in bewilderment that those to whom they turn for help and from whom they have been led to believe they will receive it, adopt a confrontational stance. There is no-one in the entire edifice of the Health Service from whom victims of medical negligence can be assured of receiving help. They do not know where to turn.

In the Sheffield Star of August 20th 1986, the Administrator of the Sheffield Family Practitioner Committee is quoted as saying of complaints that most of them ‘were dealt with amicably, although in some cases the patient was struck off’. Dealing with complaints is clearly thought of as a matter of smoothing ruffled feathers or of placating/punishing the complainant, rather than of examining faults that need to be put right. If you made a complaint about trains, you would not consider it resolved by being forbidden to travel by train any more, would you? Why should a complaint about a doctor be considered resolved by crossing the complainant off his list?

When in the press someone criticises the medical profession, another person is certain to write in to protest that they themselves received wonderful treatment. e.g. the dreadful way that Sue Arnold was treated at the Moorfields Eye Clinic in London, reported a few months ago in her column in the Observer magazine. The following week someone wrote about their wonderful treatment there. If you publicised finding a dead mouse in a loaf, no-one would dream of writing to say that they had had a loaf from the same shop and it hadn’t had a dead mouse in it! Officials aver that the public makes few complaints about the Health Service. Like saying that most of our loaves don’t contain dead mice.

The official claim disregards the justifiable fears many people have about making a complaint. You risk being struck of a doctor’s list (and often the family of the complainant is also struck off) and may find it difficult to get a doctor at all.

The main reason for outraged complaint is being treated as sub-human. As I was. Callously left in agony which could easily have been treated and which I clearly could not treat myself. Agony for which it was impossible to get relief without the treatment that was being denied me. Abscesses and caries cannot ‘get better’. There has to be professional intervention.

By allowing medics to insult people under the guise of diagnosing them, by allowing honourable people to be treated in this appalling way, humanity is defiled. By categorising the person who then complains as a nuisance who must be pacified if possible and quelled if not, no-one is safe from such defilement.

There are moves to tinker with the Complaints Procedure. The Primary Health Care leaflet, with the Government’s proposals for discussion on health services outside hospital, suggests that there should be informal conciliation procedures to settle less serious complaints quickly and effectively. Again the ruffled feathers syndrome. Complainants do not want conciliation, they want remedial action taken about the complaint. Officially, negligence does not occur. So nothing is done about it.

It would be salutary to cause to be published a sample of the complaints of the last year and what the Complaints Procedure did about them. This would show it up for the charade it is. One only hears of anything being done if the matter is given publicity, which seldom helps.

That suffering, ill, exhausted people damaged by the medical profession have the right to redress in the civil courts is no right at all. Only 3% or 4% of cases get to court and they take a minimum of 4 years to get there. Everything is weighted against the victim, especially the hostile attitude of the Health Authorities. In any case, action in the civil courts has only individual relevance. General reform cannot result.

What victims most need is remedial treatment. There is no provision for this. What can be more important than the right to urgent remedial treatment when you have been harmed by hospital personnel? Gross medical negligence is compounded by the implacable unhelpfulness of the Health Authorities.

The NHS should be accountable to the consumer – i.e. the patient. Medical and dental staff have absolute power to give or to withhold necessary investigation and treatment to patients, to treat them with insolence, to defame their characters in privileged communications, etc. provided only that they call this the exercise of ‘clinical judgment’. (Compare this with, in recent times in Parliament, the ritual incantation that a matter is one of ‘national security’ and as such no-one has the right to question it.) Such power is clearly dangerous, is open to abuse and is clearly being abused. Terrible suffering like mine would be totally prevented if medical and dental staff were accountable.

Negligence

There can be nothing in this country more heinously unjust than the lack of help for the suffering victims of medical negligence. Patients have no protection whatsoever from the ignorance, incompetence, negligence and sometimes sheer malice of doctors and dentists. People who are not victims of the system are unaware of the situation. That negligent doctors and dentists incur neither censure nor sanction from the system ensures that negligence flourishes.

It is a moral imperative for caring people to do what they can to bring a speedy end to this cruelty.

The Complaints Procedure needs to be scrapped and replaced by a system providing immediate help for the victim of negligence (I don’t mean money; I mean remedial treatment and support) and an independent inquiry into the negligence with the purpose of apportioning responsibility and instituting reform to protect potential future victims. I stress that I am not interested in legal redress. I am asking for legislative action to remedy a national scandal.

The Health Ombudsman defines instances of medical negligence as matters of clinical judgment, and matters of clinical judgment, conveniently for negligent doctors and dentists, are outside his terms of reference. So he does not help. His reply to my letter made clear that he had given scant attention to my arduously compiled material. My evidence was ignored.

This state of affairs is independent of who the individuals are who become victims, being only dependent on the deficiencies of a system which allows the magic phrase ‘clinical judgment’ to override reason, humanity and justice. Clinical judgment cannot, by definition, obtain, where clinical diagnostic procedures have been waived. To pretend otherwise is an abuse of language, an abuse of trust, effectively an abuse of power and in practice a physical and psychological abuse of individual victims.

These abuses are systemic and must be rooted out. The powerless and suffering need protection from such cruelty.

There was a public inquiry about Wendy Savage, a doctor neither negligent nor incompetent, and about whom no patients had lodged complaints. There are no inquiries into real cases of negligence, initiated by the victims. Health professionals would be much more careful if their actions were to be subjected to public scrutiny.

Margaret Wilde

Leicester Royal Infirmary's inexcusable delay over Dr Andrew Holton's wrong treatment that led to suffering and death for 3 year old Ryan Pitcher

BBC News reports that Leicester Royal Infirmary took years to apologise and admit responsibility for the death of 3 year old Ryan Pitcher. Dr Andrew Holton, a consultant paediatrician, misdiagnosed hundreds of children over 10 years at the hospital and was responsible for the "incorrect treatment" for epilepsy that Ryan received. His parents described Ryan as "like a zombie" on the medication he was prescribed.

Ryan died in 1997. Since then, we read in thisisleicestershire.co.uk, his "devastated family has told of a 12-year battle to find out why their young son died," and that, "Since then, an investigation has found Dr Holton had misdiagnosed 618 cases and put 500 children on the wrong doses of drugs."

"Compensation of around £3m has been paid by the trust to children wrongly diagnosed with epilepsy by Dr Holton."

I hope you will click on the links and read the articles. Severe and avoidable suffering was inflicted on hundreds of children because of the customary failure of the NHS to take complaints seriously and to act appropriately to save other patients from harm when grave medical mistakes are made. This shocking case reaffirms the low priority the NHS accords to patient safety. It routinely protects negligent/incompetent/ill-informed and frankly dangerous doctors, rather than protecting their innocent, suffering patients/victims.

This matter is a national scandal of which the NHS should be deeply ashamed.

(The drug that caused most damage to Ryan was sodium valproate, aka Epilim. Beware of this drug! Doctors do not seem to be very well-informed about its harmful side-effects.)

Will there be Pay Sweeteners for US Doctors to ensure their critical support for a Health Care Overhaul Bill?

See taragana blog.

When Britain's NHS started in 1948 there was a similar fix. - "I stuffed their mouths with gold," said Aneurin Bevan, one of the most important ministers of the post-war Labour government and the chief architect of the National Health Service, speaking of the only way in which he had been able to silence the protests of the consultants who might otherwise have strangled the NHS at birth.

Well Britain's doctors are still grossly overpaid and are for all practical purposes unaccountable to the patients whom nominally they serve, because the NHS complaints procedures are in practice an exercise in futility and exhaustion for complainants. Yet despite all the 'gold' lavished on the doctors, we have an extremely poor health service. - Added to poor service, many of our once-clean hospitals are now dirty, and patients fear to go into them in case they catch one of the hospital acquired infections...

'Momentous day' for NHS as the first Constitution ends the era of doctor knows best with list of rights and responsibilities for patients and staff.

Gordon Brown signs first NHS constitution
article in the Telegraph

Extract:

"The document explains clearly a collection of legal rights, pledges and responsibilities for both patients and staff for the next ten years.

Gordon Brown signed the Constitution at a ceremony in Downing Street saying it was a 'momentous day' for the health service in its 61st year however the Conservatives said it was 'toothless' and a missed opportunity."

I don't believe it will make much difference. - I wonder what is the exact meaning of the word 'legal' in this context? - Take these two 'legal rights' of patients:

To be treated with dignity and respect.

To refuse treatment.

If the patient is not treated with dignity and respect, what's going to be done about it? - If anything at all is done, I suggest it will be months later and that it may be on the lines of, "We are sorry that you feel that you were not treated with the respect to which you felt you were entitled. "

Right to refuse treatment. - When I refuse pain-killers because they do not work on me it is almost automatic for doctors to disregard my wishes and to try to persuade or bully me into taking them and then to blame me for being in pain because I won't take them...)o: They refuse to accept the fact that painkillers do not work on me...)o:

And this 'legal right' of patients:

To have complaints dealt with efficiently.

Not until herds of pigs are flying overhead, I reckon...)o: - NHS Complaints Procedures are notoriously partisan and do not help the complainants in any way whatsover, routinely wasting their time and energy and adding to their problems. There isn't going to be a seismic change, you can be sure. - To say that complaints will be dealt with efficiently - those are mere words.

See http://aboutsalt.blogspot.com/2008/11/uselessness-and-cruelty-of-nhs.html

See also The appalling way Andrea Carey has been treated by our "caring professions" and how NOTHING AT ALL has been done to help her! - The main purpose of a Complaints Procedure should be to take the complaint seriously and help the complainant as much as possible. - This is NOT what happens with the NHS complaints! Readers of this blog may like to write to the Healthcare Commission about Andrea Carey and try to get somebody to help her.

Thousands of patients are the victims of medical errors that could have been avoided if safety were given a higher priority in the NHS

Thousands of NHS patients suffer avoidable medical errors, says Healthcare Commission
article in the Telegraph

Extract 1:

"The report said only half of NHS trusts comply with all safety standards and there has been little improvement.

Errors that have led to patients being harmed include incorrect diagnosis, wrong doses of medication, surgeons operating on the wrong part of the body and paperwork going missing.

The wide ranging report covers all aspects of healthcare in England and highlights a number of areas of significant improvement in the NHS, particularly around deaths from cancer and heart disease and huge reductions in waiting times.

Demand for healthcare has increased dramatically, the NHS has higher levels of funding than ever before, and the health of the nation is improving, the report said.

However, the last annual report before the Healthcare Commission is subsumed by the Care Quality Commission, the report focuses on patient safety and the lack of progress in the last five years.

The report said too few incidents are reported to the National Patient Safety Agency with particular problems in primary care where doctors and nurses report almost no errors although the majority of patient care is delivered by GPs."

"Dr Hamish Meldrum, Chairman of Council at the British Medical Association said: "The overall picture in this report is of major improvements to standards of care. We applaud the efforts of NHS staff in reducing the amount of time patients have to wait, and improving the quality of the care they receive.

Extract 2:

"Any errors are regrettable but there are millions of contacts between the NHS and patients every day. It is inevitable that, in a very small proportion of these, care falls below the highest standards. Doctors want to get rid of unacceptable variations in quality, but we need to be careful to analyse and learn from the causes of low performance rather than jumping to conclusions or simply adopting a blame culture."

Martin Fletcher, Chief Executive at the National Patient Safety Agency, said: “Good reporting is the cornerstone of patient safety. Safety cannot be improved without a range of valid reporting, analytical and investigative tools that identify the sources and causes of risk in a way that leads to preventative action. The National Reporting and Learning System has a vital role to play in supporting NHS organisations to identify risks to safe patient care. Patient safety needs to be everyone’s responsibility.”"

If you read the whole article you will see that the foolish Dr Meldrum's response is so glaringly at variance with the contents of the report as to be gross lies.

Couple the reluctance of doctors and hospital trusts to admit to errors and to report them, with the long-standing culture of cover-up by the medical profession as a whole, and add to that the widespread practice of further victimising the victims of medical negligence and you may begin to comprehend the vast scale of medical malpractice and avoidable suffering in this country. Then add further the difficulties of even getting a complaint acknowledged/received by the system: the Healthcare Commission has 'gatekeepers' who prevent Prof Sir Ian Kennedy and his fellow Commissioners from even seeing many of the complaints submitted by those who have suffered/are suffering from the mistakes/negligence of the system...

We are very badly served by the expensive, poorly performing NHS and our vastly overpaid doctors, and the NHS Complaints Procedures routinely add to the suffering of complainants/victims and are a national scandal.

The uselessness and cruelty of the NHS Complaints Procedures: FIGHTING THE SYSTEM.

The first feature article I wrote for Mensa's monthly glossy magazine was about medical and dental negligence and the uselessness, cruelty and bias of the NHS Complaints Procedures, and was entitled 'Fighting the System'. In the years since then there will have been changes to the Complaints Procedure, but I am confident that it still harms complainants rather than helping them or reforming the system.

This is a slightly shortened version of the article:

Fighting the System

An abscess flared up on one of my front teeth. Talking was difficult and sleep impossible. My dentist said there was nothing wrong. So I went to the Dental Hospital. The pain - sudden, acute, accompanied by swelling, most severe when biting - was exactly characteristic of an acute abscess. But the pain was discounted and the abscess not treated.

When you have toothache you chew in strange ways to avoid exacerbating it. This puts unnatural pressures on teeth and it is easy to crack them. This happened to me. A cracked cusp, a separate agony, went untreated. Tooth-brushing was an ordeal and could not be as thorough as before the pain. Decay started, causing further severe toothache. This also went untreated. It was almost a year before the abscess was treated. It was over two years before I obtained treatment for all the dental disorders causing the toothache!

If consulted by a man with an abscess and weeping in agony, surely the most negligent dentist would take note of the signs and symptoms and would treat the abscess in its acute phase, ending the pain. In a full year of many attendances at the Sheffield Dental Hospital I was constantly insulted and left in agony. One consultant called me 'You Fat Depressives', plural, instead of using my name. It was clear that he habitually addressed suffering women in this way.

I eventually found a dentist brave enough to try to put things right. He dealt with the gross infections, etc but tragically much of the pain had by this time become chronic, which often happens when the cause is not dealt with promptly.

I heard from other women who had had their pain derided or been told that it was 'nerves' or 'all in the mind'. One Rotherham woman had endured agony from trigeminal neuralgia for 13 years before someone (a neurosurgeon in private practice) took her pain seriously and operated. The pain then stopped. Trigeminal neuralgia mainly attacks women and its only symptom is pain. It is not uncommon for people to kill themselves because of severe toothache or because of trigeminal neuralgia, so intense is the pain.

Thirteen years of needless agony. Why does such cruelty flourish? The answer is many-faceted, of course. It includes ignorance and arrogance. Pre-eminent, however, is the health professional's demeaning attitude towards women, coupled with the scandalous fact that in this country doctors and dentists are accountable to no-one, not to the patient, not to the hospital, not to the NHS.

Women are sub-human, second-class citizens whose voice need not be heeded. Everyone knows, don't they, that whatever a woman complains of, the 'real' cause is usually psychological, and instead of investigation and treatment all she needs is a brusque injunction to pull herself together and a prescription for tranquillisers and anti-depressants. That'll settle her!

In my desperate efforts to obtain the treatment I needed I turned to every health agency. All pretended that negligence does no occur. No-one insisted that my teeth be examined and my agonising toothache dealt with. The health agencies and the people to whom complainants must address complaints are financed by the DHSS or the NHS and by definition not impartial. The Complaints Procedure routinely adds to the difficulties of complainants rather than dealing with their complaints of negligence.

Why are the legislators not moved to effective remedial legislation? There are many reasons, I suppose; laziness, fear, the myth of medical infallibility, the desire to keep in with medics and their retinues, the fact that most MPs use private medicine rather than the NHS and that when they do use the NHS they get preferential treatment. Surely, also, a lack of imagination - failure to comprehend the scale of the suffering, the profound and terrible difficulties of damaged victims - trapped in pain and distress and worry, trapped in misunderstanding, trapped in bewilderment that those to whom they turn for help and from whom they have been led to believe they will receive it, adopt a confrontational stance. There is no-one in the entire edifice of the Health Service from whom victims of medical negligence can be assured of receiving help. They do not know where to turn.

In the Sheffield Star of August 20th 1986, the Administrator of the Sheffield Family Practitioner Committee is quoted as saying of complaints that most of them 'were dealt with amicably, although in some cases the patient was struck off'. Dealing with complaints is clearly thought of as a matter of smoothing ruffled feathers or of placating/punishing the complainant, rather than of examining faults that need to be put right. If you made a complaint about trains, you would not consider it resolved by being forbidden to travel by train any more, would you? Why should a complaint about a doctor be considered resolved by crossing the complainant off his list?

When in the press someone criticises the medical profession, another person is certain to write in to protest that they themselves received wonderful treatment. e.g. the dreadful way that Sue Arnold was treated at the Moorfields Eye Clinic in London, reported a few months ago in her column in the Observer magazine. The following week someone wrote about their wonderful treatment there. If you publicised finding a dead mouse in a loaf, no-one would dream of writing to say that they had had a loaf from the same shop and it hadn't had a dead mouse in it! Officials aver that the public makes few complaints about the Health Service. Like saying that most of our loaves don't contain dead mice.

The official claim disregards the justifiable fears many people have about making a complaint. You risk being struck of a doctor's list (and often the family of the complainant is also struck off) and may find it difficult to get a doctor at all.

The main reason for outraged complaint is being treated as sub-human. As I was. Callously left in agony which could easily have been treated and which I clearly could not treat myself. Agony for which it was impossible to get relief without the treatment that was being denied me. Abscesses and caries cannot 'get better'. There has to be professional intervention.

By allowing medics to insult people under the guise of diagnosing them, by allowing honourable people to be treated in this appalling way, humanity is defiled. By categorising the person who then complains as a nuisance who must be pacified if possible and quelled if not, no-one is safe from such defilement.

There are moves to tinker with the Complaints Procedure. The Primary Health Care leaflet, with the Government's proposals for discussion on health services outside hospital, suggests that there should be informal conciliation procedures to settle less serious complaints quickly and effectively. Again the ruffled feathers syndrome. Complainants do not want conciliation, they want remedial action taken about the complaint. Officially, negligence does not occur. So nothing is done about it.

It would be salutary to cause to be published a sample of the complaints of the last year and what the Complaints Procedure did about them. This would show it up for the charade it is. One only hears of anything being done if the matter is given publicity, which seldom helps.

That suffering, ill, exhausted people damaged by the medical profession have the right to redress in the civil courts is no right at all. Only 3% or 4% of cases get to court and they take a minimum of 4 years to get there. Everything is weighted against the victim, especially the hostile attitude of the Health Authorities. In any case, action in the civil courts has only individual relevance. General reform cannot result.

What victims most need is remedial treatment. There is no provision for this. What can be more important than the right to urgent remedial treatment when you have been harmed by hospital personnel? Gross medical negligence is compounded by the implacable unhelpfulness of the Health Authorities.

The NHS should be accountable to the consumer - i.e. the patient. Medical and dental staff have absolute power to give or to withhold necessary investigation and treatment to patients, to treat them with insolence, to defame their characters in privileged communications, etc. provided only that they call this the exercise of 'clinical judgment'. (Compare this with, in recent times in Parliament, the ritual incantation that a matter is one of 'national security' and as such no-one has the right to question it.) Such power is clearly dangerous, is open to abuse and is clearly being abused. Terrible suffering like mine would be totally prevented if medical and dental staff were accountable.

Negligence

There can be nothing in this country more heinously unjust than the lack of help for the suffering victims of medical negligence. Patients have no protection whatsoever from the ignorance, incompetence, negligence and sometimes sheer malice of doctors and dentists. People who are not victims of the system are unaware of the situation. That negligent doctors and dentists incur neither censure nor sanction from the system ensures that negligence flourishes.

It is a moral imperative for caring people to do what they can to bring a speedy end to this cruelty.

The Complaints Procedure needs to be scrapped and replaced by a system providing immediate help for the victim of negligence (I don't mean money; I mean remedial treatment and support) and an independent inquiry into the negligence with the purpose of apportioning responsibility and instituting reform to protect potential future victims. I stress that I am not interested in legal redress. I am asking for legislative action to remedy a national scandal.

The Health Ombudsman defines instances of medical negligence as matters of clinical judgment, and matters of clinical judgment, conveniently for negligent doctors and dentists, are outside his terms of reference. So he does not help. His reply to my letter made clear that he had given scant attention to my arduously compiled material. My evidence was ignored.

This state of affairs is independent of who the individuals are who become victims, being only dependent on the deficiencies of a system which allows the magic phrase 'clinical judgment' to override reason, humanity and justice. Clinical judgment cannot, by definition, obtain, where clinical diagnostic procedures have been waived. To pretend otherwise is an abuse of language, an abuse of trust, effectively an abuse of power and in practice a physical and psychological abuse of individual victims.

These abuses are systemic and must be rooted out. The powerless and suffering need protection from such cruelty.

There was a public inquiry about Wendy Savage, a doctor neither negligent nor incompetent, and about whom no patients had lodged complaints. There are no inquiries into real cases of negligence, initiated by the victims. Health professionals would be much more careful if their actions were to be subjected to public scrutiny.

Sandi Toksvig loves the NHS...

Sandi Toksvig: Doctor, doctor, I love the NHS... - Sunday Telegraph

Well, that's good...

The thing is, though, if you have benefited from the NHS, it's not difficult to get publicity for your view. - It's usually very difficult indeed to get publicity for being treated abominably by the NHS - and I'm not talking about financial restrictions on the provision of drugs that benefit dementia and cancer sufferers. People who have been harmed by the NHS - by the widespread medical negligence that is a feature of the NHS, say - and have had that harm compounded by the futility and partisanship of the NHS Complaints Procedures - often justifiably fear reprisals by the medical profession that has harmed them, and by the bureaucracy that has compounded that harm - and frequently that fear of reprisal is shared by the media to whom the victims turn, frustrated at their failure to obtain any scrap of help from the system and from the bodies that purportedly provide help.


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See Sodium in foods and

Associated health conditions and

http://www.wildeaboutsteroids.co.uk/story.html - my 'political' page

http://www.wildeaboutsteroids.co.uk/socio.html - social and economic considerations

I can be contacted via my website if you need my further help. My help is free.

A deputy head teacher was forced to leave the profession and flee the country to avoid the stigma of a false accusation against him

Deputy head's torment after pupil's false claim - Telegraph

Extract:

"A deputy head teacher was forced to leave the profession and flee the country to avoid the stigma of a false accusation against him, a teacher's union heard yesterday.

The claim that he sexually abused one of his pupils was investigated and discovered to be unfounded and malicious but the child was allowed to return to school.

Such claims are "downright evil," said Bob Williams, from Rochdale, who told how he had held his colleague's hand as he was crying on the day he broke the news to his daughters.

"I was there when he had to tell his 88-year-old father why he was off school," he said.

Members of the National Association of Schoolmasters Union of Women Teachers voted to call ballots for industrial action - refusing to teach children returned to the school where they made a false allegations."

It still shocks me, although it has been going on for so long. - It still shocks me.

Compare it with the medical profession. - When GENUINE complaints of very serious misbehaviour by doctors are made - whether complaints of professional negligence/incompetence which have resulted in severe physical, emotional and financial harm to the patient or complaints of sexual abuse causing great distress to vulnerable patients, what is done to help the damaged patients or to protect other patients from similar harm by the doctor? - Usually, nothing at all! - And these are not malicious children complaining for a bit of fun; these are people whose lives, very often, have been comprehensively destroyed by the actions of the negligent doctors.

So innocent teachers are made to suffer when they have done no wrong. And doctors who have done wrong normally incur no sanction, no punishment, but their already suffering innocent victims are punished further by the travesty of the NHS complaints procedures. See Andrea Carey's ordeal and my posts about NHS complaints procedures.

Complaining about NHS treatment adds further difficulties for complainants. - Susan Hodges and Richard Murphy lost their baby at birth.

'Why could no one tell us why our son died at birth?'

Extract:

"Nearly two years after their baby son Oliver died soon after he was born, Susan Hodges and Richard Murphy are still waiting to have questions answered. They have found their dealings with one of London's flagship NHS trusts perplexing and frustrating. Straightforward questions about what went so terribly wrong in the crucial minutes leading up to his birth have gone unanswered.

However, their experience of hitting a 'complaints brick wall' is not uncommon. More than 100,000 complaints were received by the NHS last year, with an increasing proportion going to independent panels because of dissatisfaction with the responses from hospital trusts or primary care trusts.

Despite government promises to overhaul the complaints system, the issue has now fallen even further down the list of priorities. The plan is to create a single system for dealing with complaints about both healthcare and social care, but instead of introducing reforms quickly, the government has embarked on a new consultation, which will begin in April. Officials have said there is no plan to introduce new reforms until 2009. By then, another 200,000 people will have been caught up in the complaints system."

"The campaign group Action Against Medical Accidents (AvMA) has been calling for years for reform of NHS complaints procedures to be speeded up. Peter Walsh, its chief executive, said: 'Far too many people are trapped in a system which is unwieldy and slow, and very often insensitive to their needs. Our view is that however complicated the complaint, no trust should take more than six months to fully investigate and respond to the individuals.'"

The Healthcare Commission should be remedying this situation, which has been going on for as long as there have been complaints about NHS care, i.e. for decades. It is a national scandal.

THE COMPLAINTS DEPARTMENT - Poem by Margaret Wilde

The Complaints Department
(dedicated to the NHS Complaints Procedures)

This is the gate
Through which you must go
To get to the door
Of the passage
That leads
To the tunnel
And thence to the stairway,
The which you ascend
(As you tire),
And you find
At the top
That the hatches
Are down
And there stands in your path
A half-witted
Deaf-mute
With a gun.

© 1986 Margaret Wilde