Suing for medical negligance

[SexyGreyFox]

do patient records ever go missing?

Yes and it's part of my job to try and hunt them down.
Sometimes the Solicitor will think there may be records and that wastes my time searching for something that was never there.
Some notes can't be found and we have to get Statements Of Truth from the Professionals who had them through their hands.

so basically a patients successful claim can be down to whether their records can be located or not.

If they can't be found then we can lose the case because we can't prove Clinical Negligence didn't take place (it doesn't work the other way).

 

[Minstadave]

Yup, basically without records you're can't defend anything.

 

[Threepwood]

If they can't be found then we can lose the case because we can't prove Clinical Negligence didn't take place (it doesn't work the other way).

Which way around is that? Losing the claim, or winning the claim due to lost records?

 

[SexyGreyFox]

Which way around is that? Losing the claim, or winning the claim due to lost records?

Ah, I see.
I work for the NHS Medico Legal so if you read it from my side we could lose the case because we can't prove CN didn't take place (if records are missing).

 

[Threepwood]

Gotcha

I was leaning towards that, just had to double check which side of the litigation you were comming from!

I now understand your comment about 'it pains me to say this' better!

 

[hawker1986]

Ah, I see.
I work for the NHS Medico Legal so if you read it from my side we could lose the case because we can't prove CN didn't take place (if records are missing).

Does anyone else find it amusing that in this country your innocent until proven guilty...except if your a doctor. Back to the OP, as others have said, your consent form very likely said in the risks conversion to open procedure and damage to surrounding structures/neurovascular injury, or something to that effect. Which would likely cover the issues your complaining of along with the fact everyone heals differently. It could possibly be argued that it should have been further explained to you, but how much detail do you think people want when you go through these things? some people dont want to know everything but some people do, normally if people want more detail than theyre given they will ask.

I suggest if you have these concerns rather than just sueing blindly you contact your hospital and ask for some more details as lots of people have advised.

Hawker

 

[Natwee]

Does anyone else find it amusing that in this country your innocent until proven guilty...except if your a doctor.

Hawker

Thats the presumption of innocence in a Criminal matter. Anyone is entitled to that, regardless of profession, in a CRIMINAL CASE.

Negligence is civil though, so this doesnt even apply.

 

[ince]

Its people like the op who think they deserve something for nothing that makes all our taxes what they are. Geez suing the nhs for a scar after an operation.

 

[Natwee]

I had an operation which was promised to me would be a "1 inch white line when it healed" which will blend into normal skin creases"

When I awoke, there was a scar right accross my neck, loads of stictches in my neck to support tubes (which have left loads of smaller scars"

They said once they went in, it was much bigger than they thought and needed a bigger incision. (I wasnt even warned in advance, but I was of the opinion f "well what else could they do??"

a few days after i went home, the wound ruptured, like this:

I had to have it restitched:

2 weeks later the stitches were removed.

about 6 weeks after that I had to go to hospital as there was an abcess in the wound which they drained and sent me on my way.

A week affter that, my scar itched, and I ended up pulling away a blue stitch (hich should have been removed weeks and weeks previously, and then again when they drained the abcess.

Ive now got a really prominent looking scar on my neck that people always ask me about, and whihc is sometimes uncomfortable.

Did I think about suing? er... no. And thats with a solicitor for a bf.

My advice:

You had surgery. It will leave a scar. scars do feel weird.

man up.

 

[Nitefly]

Grim pictures, my sympathies.

Regardless, you deciding not to do anything about it has absolutely no bearing on the OP.

 

[arctine]

I certainly hope it will at least alter OP's perspective though, Nitefly.

 

[Natwee]

Im not saying he shouldnt sue because I didnt.
Im saying he shouldnt sue as he has unreal expectations.

 

[Threepwood]

Does anyone else find it amusing that in this country your innocent until proven guilty...except if your a doctor.

Not at all. This would lead to medical records going missing all the time to stop getting caught out if something was done wrong. No?

As it stands, if they cant keep records in tact and safe, that doesn't look good does it.


Natwee, that second picture looks well odd!

 

[Minstadave]

As it stands, if they cant keep records in tact and safe, that doesn't look good does it.

Nothing to do with the doctors, filing and archiving is done by non clinical staff.

 

[Threepwood]

Still doesn't look good tho does it!

 

[Doohickey]

After the procedure my parents said that the surgeon seemed pretty nervous, as expected I was unaware. Why is this a strange point? Is there some reason for them to lie? This some how makes me a little girl if I listen to what my parents have to say?

No one is saying your parents are lying. It's not a strange point, it's just that commenting retrospectively that the surgeon seemed 'pretty nervous' is entirely subjective and may or may not have anything to do with anything. It's a convenient association to make, but it can't hold any weight.

I take the points that he has saved my life but he also could have saved my life and not done such a crap job. Considering most surgeons are able to do this procedure without causing the problems i've experienced.

Here you assume that the surgeon did a 'crap job'. Yes, most surgeons can do this procedure with no complications- in patients with no complications. How do you know that the reason that it wasn't as straightforward as you expected wasn't to do with your illness and your anatomy?

Before you jump in and sue, I would suggest that the most useful and appropriate thing you can do at the moment is telephone/write to the PALS (Patient Advice and Liaison Services) at your hospital detailing everything you've mentioned. What will/should happen is that this will be forwarded to the duty surgical consultant from the day of your surgery (he/she may well have been the one who operated on you) and arrange a meeting to discuss all of your concerns and queries. You can ask about anything you like- the investigations you had, diagnosis, how the procedure went, why you had 15 staples, what you can do about the scar, why wasn't it keyhole.

Having such a discussion does not preclude you from seeking further legal action at a later date if that is what you eventually decide to do.

Edit: and so I don't sound too biased- yes, you may well have had an incompetent surgeon. But you cannot base this on the fact it turned out not to be keyhole surgery, that you have a large scar, that your scar is sore and affects your rugby, that the surgeon seemed nervous. The best surgeon in the world could have operated on you and you could still have had all of the above. Just contact PALS and find out everything you want to know. If something is still fishy then yes by all means seek further appropriate advice.

 

[Metalface Mark]

Lovely on topic replies in most cases!

As far as I'm aware I was told I would receive key hole, if this wasn't a possibility it would be a normal incision. I woke up with a 15staple job. Now as for the aesthetics of the scar, I'm not so bothered, however most people are quite shocked when they see it, not just because of how long it is but the scar is very thick in one part.

My issue is based on several points, I went to A&E in a lot of pain and was sent home, only to come back again a few hours later as apparently we knew what was going on better than the doctor. I was examined several times by doctors/surgeons who were apparently feeling something that wasn't my appendix then went to operate on it. As for magic medicial vision no, but I'd expect a doctor to know which organ they're feeling and if they're unsure have an ultrasound done or something.

After the procedure my parents said that the surgeon seemed pretty nervous, as expected I was unaware. Why is this a strange point? Is there some reason for them to lie? This some how makes me a little girl if I listen to what my parents have to say?

I was warned not to be involved in contact sports and anything where I could receive a big impact near the area. Didn't really go into details but judging from the scar there is a lot to heal.

My feelings of it being odd are not mental. It's basically a feeling of the skin in the area being very tight. If I was to overstretch or something I would feel quite a sharp pain and when i've received hits in the area in rugby for example the wound stings for quite some time.

I take the points that he has saved my life but he also could have saved my life and not done such a crap job. Considering most surgeons are able to do this procedure without causing the problems i've experienced. As someone pretty sporty/athletic it has been difficult to find ways to train without hurting the area.

I never even considered this until recently when my parents mentioned they were surprised I didn't take it further considering the surgeon was nervous and thinking back I have received a lot of comments in terms of people being surprised I did nothing about it. This includes a few friends who are doctors.

But yes, on the basis of this thread im scum. However the procedure has negatively affected my life, perhaps permanently and things that were potential goals, I can no longer do. On top of this there's a loss of income as I was paid to compete in sevens rugby tournaments.

For those with the helpful replies, thank you very much. As I said its something I'm considering and will look into but I have far from made up my mind on it.

If you have friends who are doctors, why are you asking on a computer forum for better advice?

 

[Shicky]

If you have friends who are doctors, why are you asking on a computer forum for better advice?

because they haven't pursued any cases of medical negligence before. Some work at the same hospital as the surgeon and perhaps work with the guy so I don't want to make things awkward there.

Its clear most haven't read half of my responses but for those who have thank you, I dont consider any of the feedback as negative, even if it is to man up, maybe that's exactly what I need to do. As I've said several times, I'm not sure what I will do. As for loss of income I missed several rugby tournaments where I'd be paid a minimum of 140 to compete at each. I also spent a lot of money on physios and alternative therapies to fix the stretching issues I mentioned.

I have no visual issues with my scar, Im a guy it doesn't bother me. If I was a young girl though would your opinion be the same? My issue with the scar is its thickness in one part (its a cm thick when another part is as I would expect, should I be worried about this opening is more my concern.) Then on top of this the physical pain experienced.

 

[Shadz]

Stories like this amaze me, Yeh I understand that you might feel weird having a scar
there and at certain times the scar feels strange and stuff like that.

But if there were complications in surgery and it was no noticed or something then you
appendix ruptured then the chances of you dying would have been very high. Just be
greatfull that you are still here mate.

 

[Shicky]

Stories like this amaze me, Yeh I understand that you might feel weird having a scar
there and at certain times the scar feels strange and stuff like that.

But if there were complications in surgery and it was no noticed or something then you
appendix ruptured then the chances of you dying would have been very high. Just be
greatfull that you are still here mate.

Granted this could be true, however at no point was I told about any emergency situation that resulted in what I've been left with. If there was and it was unavoidable, that's fine. The point is I don't know what happened, though I'd like to and the advice given in the thread will allow me to. As frankly I would just like to at least know why this happened.