In the past few months, I have undergone treatment on the NHS for back pain. The treatment was acupuncture which my GP recommended. I have suffered back pain for many years and my GP assured me acupuncture would help.
As far as I can tell, the acupuncture has made no difference to my back pain whatsoever. I'm very disappointed that I have not been cured and feel let down by my GP and the person who gave me acupuncture. Can I sue either or both of them?
Acupuncture is one of the "complementary" treatments which are now being offered on the NHS. Not everyone however benefits from acupuncture and if your GP lead you to believe that your condition would be "cured", then this advice is very unusual.
In order for you to bring a claim against either your GP or the acupuncturist, you will need to show not only that the treatment you received fell below a reasonable and acceptable standard, but also, that you suffered harm or injury in some way as a result of the treatment you received.
From what you say in your letter, whilst the treatment you had did not alleviate or assist your condition, it did not deteriorate any further. In other words, the treatment did not help you, but neither did it harm you. This being the case, then you would not have a claim in law for damages against the acupuncturist.
If your GP gave you hope that you would be "cured", then clearly you will have suffered disappointment. In order to claim against GP, you would have to show your GP clearly advised you that you would be cured and that you are now suffering more than just disappointment. You would have to show that you have suffered definite injury such as a psychological reaction. Here again, from the tone of your letter, this is not the case and therefore you would not have an action against your GP.
As "complementary" treatments are relatively new, there are few cases in this field of law. However, if you consider you have been poorly treated by any complementary therapist, and this has resulted in injury or damage, then you must seek legal advice without delay. As with any other claim for poor treatment resulting in injury or damage, you have three years in which to bring a claim.
