Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • MaybeMax
    • By MaybeMax 4th Dec 19, 12:36 PM
    • 5Posts
    • 0Thanks
    MaybeMax
    Medical Negligence
    • #1
    • 4th Dec 19, 12:36 PM
    Medical Negligence 4th Dec 19 at 12:36 PM
    Hello

    I recently have a private surgery operation which hasnít gone as planned.

    Iím a very active person (not job related), doing marathons, long distance triathlons and the regular games of 5aside, plus gym work on the side as a hobby.

    I had some pain when I strike a football, which we had successfully diagnosed as a posterior ankle impingement. I had to have this minor op done in November as my job gets absolutely crazy in December and any time of work is simply out of the question, nor would I want to, career wise.

    So I was going in for keyhole/arthroscopic surgery to clear away the impingement.

    I woke up two hours later for the surgeon to tell me when he got started, he couldnít find the FHL tendon in my foot, why? Because it would turn out he sliced it in half on his way in with his tiny 4mm camera. He then had to do an emergency repair, open up the ankle and switch the tendon together, with a beautiful L shaped approx 6Ē scar.

    Instead of being able to walk out unaided as promised, Iím in a cast for 1 month, boot for 2 months, and been advised Iím looking at a further 3 months approx rehab before I can run.

    Post op I was told this had never happened in the surgeons career, and I can categorically confirm that there was never ever any mention that tendons being cut was a possibility.

    At the follow up consultation the tone turned towards ďthis can happenĒ.

    I think itís cut(pun) and dry medical negligence, but in my part of GB no-win no-fee is illegal. So while I appreciate I 100% need a solicitor, I wanted to see if anyone had any insight before I started On the whole process.

    Thanks
Page 1
    • MaybeMax
    • By MaybeMax 4th Dec 19, 12:39 PM
    • 5 Posts
    • 0 Thanks
    MaybeMax
    • #2
    • 4th Dec 19, 12:39 PM
    • #2
    • 4th Dec 19, 12:39 PM
    Bit more info on the injury. FHL Tendon is unrelated to the original ankle issue, it is a landmark surgeons use to find their way around the ankle during keyhole.

    It operates your big toe, and is integral to the final push off power your foot gives you when running/accelerating.
    • Shaun of the Dead
    • By Shaun of the Dead 4th Dec 19, 12:51 PM
    • 63 Posts
    • 56 Thanks
    Shaun of the Dead
    • #3
    • 4th Dec 19, 12:51 PM
    • #3
    • 4th Dec 19, 12:51 PM
    Hello

    I recently have a private surgery operation which hasnít gone as planned.

    Iím a very active person (not job related), doing marathons, long distance triathlons and the regular games of 5aside, plus gym work on the side as a hobby.

    I had some pain when I strike a football, which we had successfully diagnosed as a posterior ankle impingement. I had to have this minor op done in November as my job gets absolutely crazy in December and any time of work is simply out of the question, nor would I want to, career wise.

    So I was going in for keyhole/arthroscopic surgery to clear away the impingement.

    I woke up two hours later for the surgeon to tell me when he got started, he couldnít find the FHL tendon in my foot, why? Because it would turn out he sliced it in half on his way in with his tiny 4mm camera. He then had to do an emergency repair, open up the ankle and switch the tendon together, with a beautiful L shaped approx 6Ē scar.

    Instead of being able to walk out unaided as promised, Iím in a cast for 1 month, boot for 2 months, and been advised Iím looking at a further 3 months approx rehab before I can run.

    Post op I was told this had never happened in the surgeons career, and I can categorically confirm that there was never ever any mention that tendons being cut was a possibility.

    At the follow up consultation the tone turned towards ďthis can happenĒ.

    I think itís cut(pun) and dry medical negligence, but in my part of GB no-win no-fee is illegal. So while I appreciate I 100% need a solicitor, I wanted to see if anyone had any insight before I started On the whole process.

    Thanks
    Originally posted by MaybeMax
    It probably isn't.

    If it can happen, then why does it? Is that because the surgeon is negligent or is it one of those things. The fact you should have been informed of the risks is another matter.
    • Blackbeard of Perranporth
    • By Blackbeard of Perranporth 4th Dec 19, 12:51 PM
    • 6,431 Posts
    • 37,568 Thanks
    Blackbeard of Perranporth
    • #4
    • 4th Dec 19, 12:51 PM
    • #4
    • 4th Dec 19, 12:51 PM
    Hello

    I recently have a private surgery operation which hasnít gone as planned.

    Iím a very active person (not job related), doing marathons, long distance triathlons and the regular games of 5aside, plus gym work on the side as a hobby.

    I had some pain when I strike a football, which we had successfully diagnosed as a posterior ankle impingement. I had to have this minor op done in November as my job gets absolutely crazy in December and any time of work is simply out of the question, nor would I want to, career wise.

    So I was going in for keyhole/arthroscopic surgery to clear away the impingement.

    I woke up two hours later for the surgeon to tell me when he got started, he couldnít find the FHL tendon in my foot, why? Because it would turn out he sliced it in half on his way in with his tiny 4mm camera. He then had to do an emergency repair, open up the ankle and switch the tendon together, with a beautiful L shaped approx 6Ē scar.

    Instead of being able to walk out unaided as promised, Iím in a cast for 1 month, boot for 2 months, and been advised Iím looking at a further 3 months approx rehab before I can run.

    Post op I was told this had never happened in the surgeons career, and I can categorically confirm that there was never ever any mention that tendons being cut was a possibility.

    At the follow up consultation the tone turned towards ďthis can happenĒ.

    I think itís cut(pun) and dry medical negligence, but in my part of GB no-win no-fee is illegal. So while I appreciate I 100% need a solicitor, I wanted to see if anyone had any insight before I started On the whole process.

    Thanks
    Originally posted by MaybeMax
    Bit more info on the injury. FHL Tendon is unrelated to the original ankle issue, it is a landmark surgeons use to find their way around the ankle during keyhole.

    It operates your big toe, and is integral to the final push off power your foot gives you when running/accelerating.
    Originally posted by MaybeMax
    According to a simple search using the duck, posterior ankle impingement is the result of some previous injury that has not healed correctly. You will need to explain more to your selected ambulance chaser and hopefully get some medical professional to stand up and prove your surgeon was negligent.

    As you expressed that you keep yourself active, this may prove difficult due to the nature of your injury or your not mentioning of previous injuries.
    Cardiac Arrest - Electrical - Patient unconscious! Heart Attack - Plumbing - Patient conscious!
    Defibrillators Cannot Cure a Heart Attack!
    • MaybeMax
    • By MaybeMax 4th Dec 19, 12:57 PM
    • 5 Posts
    • 0 Thanks
    MaybeMax
    • #5
    • 4th Dec 19, 12:57 PM
    • #5
    • 4th Dec 19, 12:57 PM
    I take your point.

    Initial response was that it had never happened in his career, and he phoned around other experts to see their opinion before I had woke up.

    Ive naturally tried researching the issue through medical journals covering thousands of operations, setting out the complication rate and complication type - zero for FHL (or any tendon) damage.

    As the person below you said, I will realistically need a second surgeon to provide a view, but thankfully my insurance company will provide this.
    • bris
    • By bris 4th Dec 19, 4:44 PM
    • 8,934 Posts
    • 7,844 Thanks
    bris
    • #6
    • 4th Dec 19, 4:44 PM
    • #6
    • 4th Dec 19, 4:44 PM


    but thankfully my insurance company will provide this.
    Originally posted by MaybeMax
    You won't get the specialist advice for medial negligence you need on here.


    But as you already have insurers dealing with it then people on here guessing answers really isn't going to help.
    • unholyangel
    • By unholyangel 4th Dec 19, 9:53 PM
    • 14,213 Posts
    • 11,380 Thanks
    unholyangel
    • #7
    • 4th Dec 19, 9:53 PM
    • #7
    • 4th Dec 19, 9:53 PM
    In a nutshell:

    1) They need to have a duty of care
    2) They need to be negligently in breach of that care
    3) Their breach needs to have actually caused the damage
    4) The damage must not be remote.

    So duty of care, you owe to anyone you can reasonably foresee as being impacted by your actions.
    Negligence, they need to have failed to meet a "reasonable" standard. A senior specialist consultant is held to a higher standard than that of a trainee or junior doctor. Someone is not negligent just because there is another professional body/person who has a different opinion. It needs to basically have been obvious to anyone of their skill level that such a course of action would cause such a damage.
    Causation, can be a singular or multiple occurrence and if multiple then it can be successive or concurrent. Typically the "but for" test is used - aka would the damage still have occurred had it not been for the defendants act.
    Remoteness - it must be foreseeable. It is the type of damage that must be foreseeable, not the extent.
    Money doesn't solve poverty.....it creates it.
    • Potbellypig
    • By Potbellypig 5th Dec 19, 1:15 PM
    • 555 Posts
    • 407 Thanks
    Potbellypig
    • #8
    • 5th Dec 19, 1:15 PM
    • #8
    • 5th Dec 19, 1:15 PM
    How much will make it all better?
    • whatsthenews
    • By whatsthenews 9th Dec 19, 11:53 PM
    • 64 Posts
    • 21 Thanks
    whatsthenews
    • #9
    • 9th Dec 19, 11:53 PM
    • #9
    • 9th Dec 19, 11:53 PM
    According to a simple search using the duck, posterior ankle impingement is the result of some previous injury that has not healed correctly. You will need to explain more to your selected ambulance chaser and hopefully get some medical professional to stand up and prove your surgeon was negligent.

    As you expressed that you keep yourself active, this may prove difficult due to the nature of your injury or your not mentioning of previous injuries.
    Originally posted by Blackbeard of Perranporth
    but if he hadn't had a previous injury then he wouldn't have impingement and need the operation. I think it would be expected that, as the cause of impingement is often a previous injury, there may be some scar tissue around the ankle which might make surgery less straightforward, but if the surgeon expected that there may be a particular risk involved for that particular patient then he should have added the risk to the list of risks explained to the patient on the written consent form ( a legal document).
    Considering he says it's never happened before, I doubt it'll be documented as a risk on the consent form.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

801Posts Today

6,619Users online

Martin's Twitter