Suing for medical negligance

Who are we to say it's unnecessary?
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Judging from what OP has said about his case, I think it's a fair opinion that he has not been medically neglected and therefore his attempt to sue the NHS for medical negligence is uneccessary. Of course, that is still just an opinion and will undoubtedly be argued.

He seems to be placing the blame for the outcome of his unfortunate ailment solely on the doctor. I personally don't think the doctor did anything wrong based on what he said.

I'm suggesting the OP's issue isn't something worth jumping on a fellow OcUK'er about when you consider the bigger picture.
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OP has started a discussion and people are just offering their opinion. The 'bigger picture' isn't part of that discussion.


Raised a smile.
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I'm sure you know what I meant by that :p
 
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Hikari Kisugi said:
I didn't mention you in the reply, I mentioned the state of Northern Ireland society.
I also asked you who the surgeon was and what hospital it was at.
I would still like to know.

Additionally, I have told you the easiest method of moving forward, ask the hospital for your notes. If they suggest that absolutely nothing went wrong, then you need to get an independant examination as a first step, not a solicitor.
If they suggest there was an error, then work through a solicitor, as they will involve an expert at that stage who will examine the notes, not you initially.
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Well apologies if I misunderstood your reply but saying its why my parents don't understand why I haven't made a claim makes it sound like we're at it all the time or something. I've never been involved in any claims and neither have my parents.

Secondly thank you for your advice on the next steps to take. As I've mentioned quite a few times I'm mulling it over in my head still and don't know if I'll go any further with it. I do not consider myself part of any claim culture and yes people have dealt with ten times worse than this without compensation. But does that really mean I should have to live with what I suspect is a surgeon's mess up? It has caused a surprisingly high cost due to physio etc and loss of income. Should I shut up and be happy to be alive? Perhaps - as I said it's just something I'm considering
 
My life has been negatively affected by reading this thread.

Will you take a look at yourself. Really.

You are alive, you have had a fairly minor op which saved your pitiful life.

Go to Sellyoaks and wander round the wards there. Then come back and complain. You have a slighty ugly scar not missing limbs FFS.
 
The appendix can be located in several different places:
stat19_4_big.jpg


Sometimes a laparoscopic approach is just not possible, its as simple as that.

How would you feel if he decided to do it laparoscopically and then ended up with a real operative complications?

With reference to your scar, it can take over 2 years to heal, its different from person to person.
More info here
http://en.wikipedia.org/wiki/Wound_healing

Some people get Keloids, it's not the surgeon's fault it just happens.
http://www.scarscience.co.za/keloid-scars.html

I don't think of of the no win no fee solicitors will bother with you as from what you are saying it does not sound like you will win. Maybe consider getting critical illness cover if you feel you need to be compensated for getting sick.
 
Not sure if this has already been mentioned but basically, ask for your surgical notes through the freedom of information act, look for your surgical consent form which you would have had to sign for surgery. This is the legal document for your surgery. Everything will be on that to exactly what surgery you will have even if it goes from laparoscopic to open, the potential complications and adverse effects. Heres some more information:
http://www.royalmarsden.nhs.uk/cancer-information/treatment/surgery/pages/consent.aspx
 
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uknowist said:
Not sure if this has already been mentioned but basically, ask for your surgical notes through the freedom of information act, look for your surgical consent form which you would have had to sign for surgery. This is the legal document for your surgery. Everything will be on that to exactly what surgery you will have even if it goes from laparoscopic to open, the potential complications and adverse effects. Heres some more information:
http://www.royalmarsden.nhs.uk/cancer-information/treatment/surgery/pages/consent.aspx
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how would he do it under the freedom of information act, that relates to information from public bodies not about individuals :rolleyes:

I think you mean he should make a request under the data protection act and pay £10 for a subject access request

not that he has a chance of making a claim
 
voodooGT said:
NHS performs potentially life saving procedure, saves your life but leaves a scar. You're alive aren't you?

It's not the doctors fault you needed your appendix out. How about you don't sue the hospital? Be thankful your alive - maybe make a donation to a local heath charity?

People who sue the NHS for medical negligence should be denied entry to all hospitals full stop!
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This
 
humans have been around for 200,000 years
if the OP lived in any time period prior to say 50-60 years ago he would have died from a ruptured appendix
Life does not come with a warranty, you still have yours - don't waste it making lawyers richer ;)
 
uknowist said:
Not sure if this has already been mentioned but basically, ask for your surgical notes through the freedom of information act, look for your surgical consent form which you would have had to sign for surgery. This is the legal document for your surgery. Everything will be on that to exactly what surgery you will have even if it goes from laparoscopic to open, the potential complications and adverse effects. Heres some more information:
http://www.royalmarsden.nhs.uk/cancer-information/treatment/surgery/pages/consent.aspx
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He doesn't need to use the FOIA he is entitled to his own notes, he just has to ask. He should have a copy of his consent form given to him when he signed it. At least that's what's happened in every hospital I've worked in.

He has already said he was aware that they may convert to open.

The main issues I can see he has are:

The surgeon was "nervous"
He has a scar he doesn't like
He didn't play rugby
He wasted money on fricking Reiki

It's all a bit pathetic to my eye.
 
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Minstadave said:
He doesn't need to use the FOIA he is entitled to his own notes, he just has to ask. He should have a copy of his consent form given to him when he signed it. At least that's what's happened in every hospital I've worked in.

He has already said he was aware that they may convert to open.

The main issues I can see he has are:

The surgeon was "nervous"
He has a scar he doesn't like
He didn't play rugby
He wasted money on fricking Reiki

It's all a bit pathetic to my eye.
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Agreed, accessing the surgical notes seems like a waste of time
The OP accepted the (usually) small risk of needing to convert the procedure to an open incision
 
It's like I heard a doctor once say "everything we do is in your best interests"maybe keyhole surgery was not possible in your case
 
anticonscience said:
How did this result in a loss of income?
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It doesn't have to.

I don't think the op is being pathetic. If you have good reason to believe it was a botch job then investigate doing something about it. However medical negligence is harder to ascertain than regular negligence.
 
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Without seeing the medical records anyone could be right or wrong, everything put forward so far is conjecture. Either something went wrong that was out of line of the scope of the procedure which if was down to the fault of the surgeon, which would be negligence, or there were complications that could not be avoided and they simply did the correct thing at the time.

I don't think anyone should be ramming their opinion down the throat of the OP without knowing the facts first. I doubt that if there was zero negligence the OP would still feel like he is owed something. The trouble is, he just does not know. Should have applied for the notes a long time ago.


Edit: I had complications with an open root canal being filled too soon with the infection obviously still apparant on the final xray. Which in turn left me in hospital with a massive swollen head, on IV anti biotics and pain killers.

Which I can take on the chin, it's my fault I was being seen by a newly graduate dentist. Everyone has to learn from a mistake at some point.

What I'm struggling with atm is when I went back to have it drained the lead dentist told my dentist to go in through a healthy tooth, that had never been filled, to drain and preform root canal on it. 'Luckily' for me when he started (which he stated he was not comfortable doing, due to the tooth being healthy) it hurt so much he stopped right away and instead drained the crap out of my head by opening up a gum. 2 weeks later everything is fine except I now have to have the hole in the healthy tooth needing filled, to stop decay and stop it being silly sensitive to hot and cold, it never was... which all sounds very un-needed to me. My new dentist has certainly raised an eyebrow at what the lead dentist reccomened.

So I have a choice, follow it up or not?
 
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