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Help Advice needed! Do I have a right to take my situation further ?!

Hi,

I am after some advice!
I had a gastric band privately fitted in may 2009 and paid £6500. i never seemed to have the fills right as it was either too tight or too loose.
I went over my aftercare period of a year and explained to my dr that I couldnt afford to extend and had got myself into debt after having paid for the op myself.
My dr said that he would extend my aftercare free of charge until I had got to my ideal weight and was not keen on referring me to have my aftercare in the nhs like i had originally requested. I thought it was something i was doing wrong and was able to eat a lot more than i expected.
In august 2010 i realised that something was really not right with the band as after fills i was soon feeling very hungry and like i had no restriction at all. i waited until march 2011 to have a fill done under x ray with the contrast liquid. my dr pushed this through for free as i explained to him that i was in serious debt and had no way of funding. it was soon realised that i had a crack in the tubing from the port to the band. I then waited for another 4 months and was then told that allergen, the manufacturer of the band werent willing to accept liability as i fell into the percentage that they allowed for failure. i was told that the hospital that i had the op in would be able to let me have an op at a reduced rate of £800 (which i didnt have) my dr said to me that he would do the operation for nothing. allergen wanted me to fund an op to have the tubing removed, for my dr to send the broken tubing off to them for them to examine and then if they felt it was a manufacturing fault, they would reimburse for the removal and fund another op to have it replaced. my dr felt this would be futile and said that an op to mend the tubing would be best.
At the beginning of August, I was taken ill to hospital after going a week of not being able to keep food or drink down. I ended up in hospital for 1 week and having a drip inserted for dehydration. I had to endure an endoscopy and a barium swallow, which showed that the band was extremely tight, thus causing the sickness. I had an operation on the 6th day of being in hospital, the tubing was removed and replaced. i was told that fragments of the tubing had travelled and that fluid was getting into the band, but unable to get out which was why the band had got too tight. I am now having to take tablets twice everyday to help with excess acid and reflux, which i didnt have before having the band in place. I have had to endure medical procedures and a general anaesthetic to have the problem rectified. I am thankful that the operation was done via nhs, however never thought for one moment that i would have to go through what i have to get to where i am now. i am having to have a pureed diet for 3 months to also rectify my pouch dilation as a result of the tightness and hopefully it can start to work with me as aposed to against me which it has been for the past 2 half years.

I am now thinking about taking this further, however have no idea where to start. I would appreciate some advice.

Thank you for reading my long winded story, I really do feel very alone on this matter and feel for everyone suffering as a result of taking what would be a positive step towards a new life.

Tori

Comments

  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    I feel really sorry for what you've been through as a result of your operation, it must have been awful, especially as you expected it to be your new start. I think you should continue to find out where the fault lies but - and this is just my personal opinion - please consider having the band removed permanently and look at the deeper, emotional reasons why you are overweight. I have a close friend who had surgery for weight loss and now feels that it was the worst thing she ever decided to do, she now really wishes she had taken a different route, she is still obsessed with food and it more or less has taken over her life and she is gaining weight again, despite her operation. I hope you manage to resolve your problems and get the help that you need, whether it's more surgery or not. xx
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I don't have the slightest clue how you would deal with this type of issue, but this is a few things I would personally consider....

    - see if there is a governing body for this type of thing.
    - write a letter of complaint (complying with their complaints/grievances procedure) to whoever your contract is with and see what happens then. Keep it objective and factual.
    - go for a free consultation session with a solicitor to discuss the issues and he/she may be able to offer a legal perspective.
  • arcon5 wrote: »
    I don't have the slightest clue how you would deal with this type of issue, but this is a few things I would personally consider....

    - see if there is a governing body for this type of thing.
    - write a letter of complaint (complying with their complaints/grievances procedure) to whoever your contract is with and see what happens then. Keep it objective and factual.
    - go for a free consultation session with a solicitor to discuss the issues and he/she may be able to offer a legal perspective.

    I'd start with bottom of this list - talk to a solicitor (they usually offer a free 30 minute session) to establish if you have a case. They will know the best and most effective route to take to get some resolution.
    Thinking critically since 1996....
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I'd start with bottom of this list - talk to a solicitor (they usually offer a free 30 minute session) to establish if you have a case. They will know the best and most effective route to take to get some resolution.

    The points was in no particular order... but thinking about it I agree. The solicitor would probably be able to answer the first point aswell.
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    arcon5 wrote: »
    The points was in no particular order... but thinking about it I agree. The solicitor would probably be able to answer the first point aswell.

    I agree. If you look in the Yellow Pages, or google it, you should be able to find a medical negligence specialist locally.
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