Botched Hernia Operation - Medical Claim

FatMan_3

I recently had elective surgery to repair a small umbilical hernia. The operation was carried out at a private hospital but paid for by the NHS. It was perforned under general anaesthetic and was an 'open' operation (ie it was not done laproscopically). The hernia was small enough that I was told it would not require the use of any 'mesh'; simple stitching only would be required.

Unfortunately, during the operation, a gastric artery (not sure which one) was cut but no bleeding was detected until post-op. This meant, another operation (laparotomy) to locate and repair the bleed. This operation failed too and a second emergency laparotomy was performed (successfully this time).

I then spent 3 days in intensive care and suffered halluciantions for about 5 nights whenever I tried to sleep. Altogether, I was in hospital for 11 days. As far as I can determine I was pretty close to death around the time of the second emergency laparotomy.

Has anyone had experience of pursuing a medical claim and what companies/solicitors would you recommend?

Toothsmith

When people have operations, bad things sometimes happen.

Just because something happened that wasn't according to plan doesn't mean anything was 'botched'.

You were well monitored, they detected the problem, and they put it right.

I think you'll be hard pressed to make a case.

FatMan_3

ToothSmith, I am surprised you chose to comment on the likely outcome of any possible claim without knowing the full facts. I have only provided a brief factual summary here, otherwise I could prejudice any claim. I have deliberately avoided making comments that could be challenged in court.

It will be up to a lawyer (with full knowledge of the facts) and not a member of the dental profession to decide the viability of any claim; I assume you do not have legal training in medical negligence do you?

The fact is, you have no idea how well I was monitored or how the injury to a gastric artery actually arose. Yes, there are always risks associated with operations but, equally, those risks vary depending on the surgeon performing the procedure.

At this point in time I am still at the ‘consideration’ stage and just wish to find a competent medical negligence lawyer who can assess my case. So please refrain from any future comments about my chances of a successful medical negligence claim, you are simply not qualified, nor do you have sufficient information to make that judgement

mr_rush

It is unfortunate but you were the one in a thousand patient who suffered a serious complication. This was dealt with. I can see no reason why you should be paid compensation.

In cardiology we consent people for procedures all the time. Usually things happen without a hitch but nothing is without risk. A recent patient had a stroke - a one in a thousand chance.

You would have signed a consent form that would have outlined the risks - including that of an emergency operation and probably one of death.

calleyw

Most solicitors firms now a days will have medical negligence solicitor on there team.

It is rather drawn out process.

Just book an appointment if you feel you have a case.

I am not really sure the relevance of this:

"I then spent 3 days in intensive care and suffered halluciantions for about 5 nights whenever I tried to sleep. Altogether, I was in hospital for 11 days. As far as I can determine I was pretty close to death around the time of the second emergency laparotomy."

This is just your take on the situation and has no bearing on the claim you want to make. They go on medical records not what think you. But what actually happened.

And you claim is actually decided by a Doctor who writes a report on your behalf for your solicitor. If the Dr say No then that is the end of it. And you could end up with a bill.

I am curious why and what you want compensation for? Have you been left disabled for life which means you can never work again, been sacked from your job because of the time taken off, because you are in constant pain.

Yours

Calley

Toothsmith

FatMan wrote: »

I have deliberately avoided making comments that could be challenged in court.

Apart from titling the thread 'Botched' Hernia Operation.

I've a feeling that isn't universally agreed by both sides yet?

I'm not a medical negligance expert - but I can see that 'botched' is probably just your opinion at the moment.

It might be proven to be so in the end, but - as I said in my post, and all that I was pointing out was - bad things do happen to even good surgeons occasionally.

annie_d

How fat are you Mr Fat Man? Could that have contributed to your distressing situation?

FatMan_3

annie_d wrote: »

How fat are you Mr Fat Man? Could that have contributed to your distressing situation?

BMI = 31. Yes I do realise that is a contributory factor.

sillyvixen

unfortunatly all ops have a risk of complications - unfortunatly yours has resulted in further proceedures that were unforseen at the time of admission.
i was admitted 4 years ago for a lap day surgery op - i woke up 7 hours later having recieved a life saving open op, i was in 10 days total (over 2 visits being readmitted a week later) and have since had further surgery to correct the problems of the origional surgery - i have no probelms with the surgery i have had - it saved my life - had my consaultant not been on the ball i would not be posting today!! while i have issues with the treatment i have recieved elsewhwere in the NHS - they saved my life when i needed it - i would not sue or even put in a complaint about the other issues as they saved my life!!

FatMan_3

My operation was only in the last two weeks. It is not yet clear if there will be any long term effects.

But I am due to go back to the hospital for a check-up in 2 weeks so I want to be very careful what I say because I will be seeing the surgeon who carried out the hernia operation.

Just because I wish to contact a medical negligence lawyer, this does not mean that I intend to pursue any claim. I am not in full possession of the facts yet but, prima facie, there is some evidence to suggest that something did go wrong above and beyond any normal risk associated with this operation. For obvious reasons, I cannot go into the details.

Rest assured, I am not someone just out to make money but, equally, I do not wish to see any negligence (if there was any) go unpunished. It may be that I decide to take up the matter with the GMC only or I may not pursue any further action at all.

I went through a pretty tough time, coming close to death on the operating table and requiring multiple blood transfusions so it is less than helpful for members of the medical/dental profession to be expressing their views on the validity of any medical negligence claim I may make when they really know nothing and I was not seeking that advice anyway.

I simply wish to find a good medical negligence lawyer that can provide some assistance at this early stage to ensure that I do nothing to compromise any medical negligence claim I may decide to make.

border_collie

Have you spoken to the surgeon? He may explain what happened and then you might feel that it was unavoidable.

I would ask to see your notes too.


Hope you soon feel better