suing a psychiatrist who failed to diagnose

[marriedaspie]

Anyone have any experience/knowledge of a psychiatrist who was successfully sued because he failed to diagnose AS?

 

I was under the care of a consultant psychiatrist for 9 years for depression and when my youngest son was diagnosed with PDD-NOS last year, I told him about my suspicions that I had AS but he dismissed me. Since then, I have been diagnosed as having AS by two seperate medical experts.

[indiscreet]

The problem seems to be that some consultant psychiatrists don't accept that there is such a thing as adult autism, so their answer is liable to be the one you received.

[Sa Skimrande]

In my case also I have had dissatisfactory service from psychiatrists, initially a psychologist specialising in asd conditions diagnosed me, my GP refused to believe it so off I was sent to the psychiatrist who talked about golf for a whole hour and there concluded I did indeed have asperger's syndrome, no testing no asking me anything and he concurred with a lesser field of expertise than his. I was thoroughly tested over four hours by the psychologist including Weschler adult intelligence scales, none of this the psychiatrist did. Later another psychiatrist actually admitted to me he didn't know that much about AS, so I think exactly what is the use of these people that so many put so much trust in, because given my experiences, I have no trust in them.

 

But referencing an article I posted on this website this morning, the DSM-V does cover criteria for diagnosing adult ASD, but I understand, it was only published this year, but therein that article linked research suggests where there is ASD in the children in a family, then it is likely it is also in the adults in that family, something about elephants in rooms that no one seems keen to touch. But the article I will link again;

 

Asperger Syndrome Grows Up - Recognizing AS adults in Today's Challenging World

 

It was written and published in 2003

 

As to suing a shrink, tricky one, all they have to say is; in their professional opinion blah blah blah, Have you considered first complaining to the PCT ?

[Sally44]

It might be best to speak to someone like PALS first [the Patient Liaison service within the NHS].

Obviously any trust will have a complaints procedure, which you could find out about and follow.

But what would aim be? Maybe an apology, and better training and understanding from the professionals involved?

It is difficult. I would see what PALS suggest. But in the long term you have to let go of this, otherwise it will fester.

I'm in a similar position, but about an operation that has been totally unsatisfactory for me. This happened about 2 years ago, and I am still thinking about complaining about it. But I think it is also part of the process of coming to terms with whatever your situation is.

 

When having any further medical issues, especially if they are anxiety/stress/mental health issues, always ask to be referred to a professional that has experience of working with adults on the autistic spectrum. And put that request in writing. That can save alot of time.

[In Exile]

Are you talking about suing for compensation? If so, compensation for what? I'm assuming you haven't suffered financial loss or property damage as a consequence of the psychiatrist's action or inaction, which only leaves personal injury (in its widest legal sense). Can you demonstrate that you suffered personal injury because of the psychiatrist's failure to diagnose? Clinical negligence actions are extremely difficult and costly at the best of times and I doubt you would find any legal support on a contingent fee basis (no-win-no-fee), so you would probably have to fund the action yourself. I expect this isn't what you want to hear but that's the reality.

 

On the other hand, if what you want is an apology, that might be possible. Set out your grievance in writing to the psychiatrist and request an apology. It is now an established principle in English law that an apology is not an admission of liability so apologies are generally a little more - but only a little more - forthcoming than they used to be. The problem is that if the psychiatrist refused to accept any wrongdoing, how would that leave you feeling? As Sally says, it might be better for you just to let it go.

 

Disclaimer: tort law isn't my specialty and my comments are not legal advice so speak to a personal injury lawyer if you want to find out about pursuing an action.

 

Best wishes and welcome to the forum.

Edited October 6, 2012 by In Exile

[robert7111a]

I have to agree with In Exile.

 

What do you hope to achieve? Do you want the psychiatrist to admit liability or do you want him/her to be struck off for malpractice? Medical negligence is very complex and far from proving that a surgeon left an instrument inside your body during surgery (which clearly isn't the case here!), have you suffered any loss or personal injury as a result of this psychiatrist not diagnosing your AS? Can you not move on?

 

If you really want to pursue this, then please think it through very seriously first. As Sally44 suggested, you could lodge a complaint with PALs, or the Chief Executive of the hospital, or write to the Royal College of Psychiatrists (assuming this psychiatrist is a member). Unfortunately there is no UK regulatory body covering psychiatry.

 

You say you were diagnosed by two separate medical experts...were these psychiatrists? Is this not enough for you?

 

As InExile suggests...move on and relish the latest positive outcome.