Botched Hernia Operation - Medical Claim

FatMan_3

border_collie wrote: »

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

I have not spoken to the surgeon who carried out the hernia operation since the operation has take place. I will be seeing him in 2 weeks time and will ask a lot of questions!

I have seen the surgeon who carried out the third operation and I was most impressed by him.

I do not yet know who carried out the second operation, but that will be one question on my question list.

border_collie wrote: »

I would ask to see your notes too.

Yes, that is another question on my list.

border_collie wrote: »

Hope you soon feel better

Each day gets better. Luckily, I have maintained my sense of humour and have not felt depressed at all.

Toothsmith

FatMan wrote: »

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.

I appreciate you went through a bad time, and would like answers.

You may well have a valid and right claim. I am not an expert in medical negligance.

If your first stop is a medical negligance lawyer though, their only way to make money and pay their mortgage is to convince you that you have a good claim and start off the whole merry-go-round.

It is very unlikely that a medical negligance lawyer will tell you that just making a written 'enquiry' to the hospital in a very non-threatening way might yield a whole lot better result in terms of finding out what happened to you than a legal case.

I would contact the hospitals PALS service first - a liason service between patients and the medics in charge of your case.

One thing I do know is that if the first thing a hospital receives is a solicitors letter from a known medical negligance lawyers, the shutters will come crashing down, and the chances of you ever finding out what really happened will be much less - Even if you win money in the end.

Start off gently and work up.

I really do wish you well, and hope this works out. Please take my advice in the spirit it's offered. Going in gently will get you further, get you more information, and cause you less stress than going in hard.

FatMan_3

You make some very good points ToothSmith

I am not one to go in with all guns blazing and I simply do not have sufficient facts at this point in time to do that anyway.

My strategy is to glean information as if I was making a claim on my medical insurance. That way, the surgeon concerned is more likely to be forthcoming. I also intend having a relative with me when I visit the hospital so they can confirm any conversation that takes place.

I am aware of PALS and have used them once in the past. I am not sure if it is an appropriate avenue though, if any medical negligence claim is being considered - it is something I will actively look into.

It is only 3 days since I left hospital and thinking is still a little difficult after such major surgery. I also have a pre-existing medical condition which, according to the surgeon who carried out my third operation has hindered my recovery.

Whilst I was in hospital I was very careful about what I said to nurses and doctors, mindful of the fact that a medical negligence claim could arise and I did not wish to prejudice any claim. Of course, I did have to sign documents before the second and third operations without really knowing what I was signing because of the poor condition I was in!

Toothsmith

FatMan wrote: »

I am aware of PALS and have used them once in the past. I am not sure if it is an appropriate avenue though, if any medical negligence claim is being considered - it is something I will actively look into.

It won't shut any doors - and you have 3 years from discovering the negilgence to bring a claim.

Worry about getting well first.

point3

FatMan wrote: »

You make some very good points ToothSmith

I am not one to go in with all guns blazing and I simply do not have sufficient facts at this point in time to do that anyway.

My strategy is to glean information as if I was making a claim on my medical insurance. That way, the surgeon concerned is more likely to be forthcoming. I also intend having a relative with me when I visit the hospital so they can confirm any conversation that takes place.

I am aware of PALS and have used them once in the past. I am not sure if it is an appropriate avenue though, if any medical negligence claim is being considered - it is something I will actively look into.

It is only 3 days since I left hospital and thinking is still a little difficult after such major surgery. I also have a pre-existing medical condition which, according to the surgeon who carried out my third operation has hindered my recovery.

Whilst I was in hospital I was very careful about what I said to nurses and doctors, mindful of the fact that a medical negligence claim could arise and I did not wish to prejudice any claim. Of course, I did have to sign documents before the second and third operations without really knowing what I was signing because of the poor condition I was in!

Echo Toothsmith's wise words - get well first. :beer:
Whilst it is understandable that you feel anger and resentment at your recent experience, you shouldn't let it colour your judgement. Is this really a case of negligence or one of an uncommon, unavoidable complication arising from surgery despite all the best precautions? When you signed the consent form, you proceeded with the knowledge that there was a risk of complications including haemorrhage, infection, failure of the operation, need for further surgery and even a risk of death.

I don't think either of us trusts that you have the full facts. For instance, you say a gastric artery was cut! :eek: Are you sure? Seems more likely that it was a branch of the inferior epigastric, which a well recognised complication of this type of surgery. At the time of the operation the nick in this small vessel goes un-noticed because it is not actively bleeding (due to various factors including controlled hypotension to reduce bleeding, positioning on the operating table, use of retractors which may have applied pressure to the bleeding point, the list goes on...). Being overweight, with lax abdominal wall tissues doesn't help matters. The bleeding is only noticed after the operation from routine observations; in your case it seems it was picked up promptly and the appropriate action was taken.

Take some time out. Be thankful that you have come through this and are now on the road to recovery. You may still decide to pursue this of course. Good luck in whatever decision you make.

FatMan_3

point3 wrote: »

Whilst it is understandable that you feel anger and resentment at your recent experience, you shouldn't let it colour your judgement.

No, I have not felt any anger or resentment at what happened. I am fully aware that I do not yet know all the facts and anger based on ignorance of the facts is a pointless emotion.

point3 wrote: »

Is this really a case of negligence or one of an uncommon, unavoidable complication arising from surgery despite all the best precautions?

I simply do not know at this stage if there was any negligence. What I do know is that the surgeon who carried out the hernia operation was uncontactable after the operation for a few hours.

point3 wrote: »

When you signed the consent form, you proceeded with the knowledge that there was a risk of complications including haemorrhage, infection, failure of the operation, need for further surgery and even a risk of death.

Yes, of course, I was made aware of the risks.

point3 wrote: »

I don't think either of us trusts that you have the full facts. For instance, you say a gastric artery was cut! :eek: Are you sure? Seems more likely that it was a branch of the inferior epigastric, which a well recognised complication of this type of surgery.

The only time I heard any mention of gastric artery was a few hours after I awoke in intensive care. You will appreciate that my thinking was clouded at that time and doctors were talking among themselves (not directly to me). So, it may well be a branch of the inferiror epigastric artery - but the answer is I simply do not know. It is a question on my list for the doctor who carried out the operation.

point3 wrote: »

At the time of the operation the nick in this small vessel goes un-noticed because it is not actively bleeding (due to various factors including controlled hypotension to reduce bleeding, positioning on the operating table, use of retractors which may have applied pressure to the bleeding point, the list goes on...). Being overweight, with lax abdominal wall tissues doesn't help matters. The bleeding is only noticed after the operation from routine observations; in your case it seems it was picked up promptly and the appropriate action was taken.

That really is very useful information that has added greatly to my understanding and is really does point away from any sort of medical negligence. I am really grateful for hearing this.

point3 wrote: »

Take some time out. Be thankful that you have come through this and are now on the road to recovery. You may still decide to pursue this of course. Good luck in whatever decision you make.

Yes, my main aim is simply to get better and your post has been most useful.

jenhug

get a copy of all your notes, before they are "lost" yes, it did happen to me!

sillyvixen

get well and get answers at your follow up before going on the offensive. as had been said you dont know the full affects of what has happened... you have 3 years to file for negligence - allow yourself to recover for now - the stress of worring abut what may be, will hinder your recovery.

you will have a stronger case when you have concrete evidence of long term effects.. a few weeks after major surgery is no indication of the long term.

Mrs_P_Pincher

It is a well rehearsed legal principle that not doing one's job properly is not necessarily negligence. Check out the Law Society Personal Injury/Medical Negligence Panel for a member in your area and take their advice. You may have a claim but, as others have said, you may not. However, you will not know that until and expert has seen and reviewed your medical notes.

As others have said, you have up to 3 years from the date of the incident, or the date you became aware of lasting after effects, whichever is the later, to issue a claim.

On a personal note, we live in an increasingly litigious society, but many of us would think twice about making a claim if the eventual outcome was good and an emergency had been handled satisfactory.

Good luck with whatever you decide to do.

Mrs P P

Beenie

How do you go about getting your notes if your treatment was a mixture of private/NHS facilities?