Legal action launched against NHS for girl, 11, over long COVID battle

Legal action has been launched against the NHS after an 11-year-old girl’s long COVID symptoms worsened due to alleged ‘medical negligence’.

 

The girl’s mother, from Aberdeenshire, is seeking damages from NHS Grampian over its decision to treat her daughter who suffered from long Covid since March 2020.


The 11-year-old has been unable to return to school, needs to use a wheelchair and is often confined to her bed due to her symptoms. Her mother claims the health board ‘gaslighted’ the family, and that the illness was made worse by avoidable ‘repeated failures’.

 

Long COVID battle

 

The girl’s mother made strong allegations about the health board and has sought private treatment for her daughter as a result.

 

In a statement posted on X, she wrote that her family has:

“…tirelessly, navigated and exhausted all avenues within NHS Grampian.


“It is regrettable that pursuing legal action seems to be the only viable option to progress and secure the healthcare that Anna urgently requires and rightfully deserves.


“NHS Grampian has neglected to uphold Anna’s right to the best possible health, as outlined in the United Nations Convention on the Rights of the Child (UNCRC) Article 24.


“The health board also exhibited a lack of seriousness in addressing our formal complaint, attempting to close it without resolution on four separate occasions.”

 

Her statement added:

“Despite repeated requests to the health board, the necessary treatment and care were consistently denied.


“This failure on the part of NHS Grampian to fulfil their duty of care has resulted in medical negligence, causing additional harm and trauma to Anna and our family.”

 

It is thought to be the first case of its kind in Scotland.

 

The solicitor representing the family said:

“As a result of the multiple failings and repeated failures, Anna’s condition is much worse than what it should be, or what it could have been.


“It isn’t a case of she wouldn’t have contracted long Covid, it’s the care in treating the long Covid that’s made it worse.


“After years of completely avoidable failings from the NHS, all Anna needed was someone to take accountability and to start getting the treatment she needs.


“It’s unfortunate the family are now having to take legal action against NHS Grampian to get the care Anna needs, but they’ve been left with no other choice.”

 

What is long COVID?

Most people who contract Covid-19 feel better within the first few days or weeks of developing symptoms, and usually make a full recovery within 12 weeks. But for some people, symptoms can last longer – and this is called ‘long COVID’.

 

Symptoms of long COVID

The most common symptoms of long COVID are:

  • Extreme tiredness (fatigue)
  • Feeling short of breath
  • Loss of smell
  • Muscle aches

 

However, there are lots of symptoms you can have after a COVID-19 infection, including:

  • Problems with your memory and concentration (‘brain fog’)
  • Chest pain or tightness
  • Difficulty sleeping (insomnia)
  • Heart palpitations
  • Dizziness
  • Pins and needles
  • Joint pain
  • Depression and anxiety
  • Tinnitus, earaches
  • Feeling sick, diarrhoea, stomach aches, loss of appetite
  • A high temperature, cough, headaches, sore throat, changes to sense of smell or taste
  • Rashes

 

Long COVID medical help

If you have had symptoms of Covid-19 for 4 weeks or more you should contract a GP. A GP will then ask about the symptoms you are experiencing and the impact they are having on your life.


The GP may suggest some tests such as a chest x-ray or a blood test to find out more about your symptoms and rule out any other things that might be causing them.


If the symptoms are significantly impacting your life, you may be referred to a specialist service or rehabilitation centre for further treatment.

 

Medical Negligence claims at Oakwood Scotland Solicitors

If you believe you have experienced medical negligence which has caused a delay in diagnosis or implementing treatment, you may be able to claim compensation.


Oakwood Scotland Solicitors’ specialist team are on hand to discuss your treatment with you and advise further as to what your choices are.


Our team will be able to give you free advice on the prospects of your case and whether you would be eligible to make a claim.


You have three years to bring about a claim of this nature. This time period runs from either the date the negligence occurred, or the date you ought to have been aware that negligence may have occurred. Do not delay – get in touch as soon as possible.

 

Further reading

For information about clinical negligence, check out our resource.

 

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