have you successfully sued gp/doctor/surgeon/consultant/hopsital

[pmiddleditch]

as above,has anyone here succesfully sued for negligence the above,or unsuccesfuly too

if so,did you use a solicitor that came recommended,a specialist solicitor or one of these that advertise on the TV

looking for your experience as im on the verge of having to sue my cansultant/surgeon for negligence

 

[TriggerHappy]

as above,has anyone here succesfully sued for negligence the above,or unsuccesfuly too

if so,did you use a solicitor that came recommended,a specialist solicitor or one of these that advertise on the TV

looking for your experience as im on the verge of having to sue my cansultant/surgeon for negligence

I'd think long and hard before doing something like this. What actually happened, if I may ask?

 

[Garry Edwards]

As above.
People make mistakes sometimes, and if they've done their best and it wasn't good enough, or if they didn't do their best but at least tried to do something, then I would be very reluctant to sue them.

On two separate occasions, two separate family doctors have made very bad decisions that put my life in danger, when they failed to take urgent action (getting me into hospital immediately) when my keytone level (a side effect of type 1 diabetes) went through the roof. Each time, a member of my family saved the day. But I wouldn't dream of suing them, even though I personally feel that there was a degree of negligence. I wrote a letter of complaint about the first one and wrote personally to the second one.

In many cases, negligence claims may be nothing more than an attempt to get money for nothing, and these claims cost the NHS a fortune, making far less money available for providing treatment to people who need it.

 

[FourRingCircus]

I should start by saying that I hate compensation culture. If your doctor has been truly negligent then I'm guessing you have been sewn-up with a medical implement still inside you, or they have removed a good appendage rather than a damaged one despite the nurses telling him/her in theatre at the time.

If (as is more usually the case) you have elected to go under the knife (elective surgery is your choice) for something which was not an emergency case and it hasn't transformed you into a teenager as you might have hoped, then I think you are wasting your time and our (taxpayers) money!

Doctors can only work with what they have (meaning the condition of the patients internals). Sometimes they do a brilliant job. Sometimes it's reasonable. Very rarely to they balls-up completely. If you've had surgery, then the risks associated to all invasive work will have been explained to you. There is ALWAYS a risk with invasive work and there are never any guarantees. I am sorry for you if something isn't quite as you might have liked, but I'll have no sympathy if you're just 'unhappy' with the results.

By contrast, if the doctor was genuinely negligent then feel free to try to remove his/her career. Just think very carefully before going down that route as you may not be fully aware of why things are the way they are and they most likely will.

 

[andya700]

as above,has anyone here succesfully sued for negligence the above,or unsuccesfuly too

if so,did you use a solicitor that came recommended,a specialist solicitor or one of these that advertise on the TV

looking for your experience as im on the verge of having to sue my cansultant/surgeon for negligence

Peter, if you are going to take action, then do not lose any time, because from personal experience, you can be time barred (I have been told that there is a three year limit from the time of the procedure/possible negligence). I would also advise using a recommended solicitor, one who specialises in medical/clinical negligence.
I have not taken legal action against the NHS/doctors, but have been left unemployed with various medical conditions, as a result of a medical disorder which went undiagnosed for at least seven years. By the time that the additional associated problems came to light, I was outside the three year time frame and unable to work in a satisfactory manner.
Anybody making reference to "compensation culture" does not have a clue what they are talking about until they become very ill themselves.

 

[FourRingCircus]

Anybody making reference to "compensation culture" does not have a clue what they are talking about until they become very ill themselves.

Of course, you are right. I only worked with hospitals/doctors for a number of years and my wife was mis-diagnosed with (and aggressively treated for) Crohns disease for twelve years whilst I politely argued with her consultant (whom I knew through my work) that it could be something else. It turned-out to be something unrelated which was indistinguishable from Crohns disease - even after biopsy. Was that the doctors fault??

Everyone likes to think that doctors know everything and can cure everything. They don't and they can't, but that doesn't stop the patients from believing this. It is the suspension of that belief which leads to the litigation, and the ambulance chasing solicitors with no win no fee TV adverts which give us compensation culture.

I do sympathise with people who get ill. Sometimes it's genetic, sometimes it's misfortune, sometimes it's misadventure. However, none of these aspects are the fault of a doctor. Their job is to do the best they can with the information at hand and the skills they have learned. They do not force you into surgery. It's an option you have and it's one you can refuse. People need to take some element of personal responsibility - even though the medical problem may not be their own 'fault'. Of course, you can't take your own DNA to court so let's go for the doctors instead?

 

[pmiddleditch]

I'd think long and hard before doing something like this. What actually happened, if I may ask?

for around 3 years i had groin pain which caused some groin pain,it came and went but occasionaly the pain was considerable,causing me to link.when there was no pain i could run and play footie,climb mountains etc as i was very fit.
after seeing a couple of consultants who did all the tests neither could find anything wrong,however a cyst was found in a testicle and i had a epididectomy (cyst and epididimous) removal.the pain remained.consultant could not reason why.so he suggested that i see another consultant as i may have a hernia.this consultant confirmed no hernia present anywhere.
i had several x-rays and camera up the rear and still they could find no problem
finally i was refered to another consultant and he arranged for a MRI scan.the results according to him were that i had wear on both hip joints but on my left hip the arthritis was so bad that i had 3 choices.1 was to leave as it was and continue to take strong painkillers,2nd choice was to have a hip replacement asap.3rd choice was to have keyhole surgery to the hip and trim damaged cartlidge.i decided on the cartlidge trim as i felt at 53 years old the hip replacement seemed an extreme option.i had this surgery in december last year 2011.day surgery
i came out of hospital high as a kite on morphine and on crutches,i was told that i would be on them for upto 6-8 weeks of gradual physiotherapy and would then be able to resume all my normal activities as the opp was completely succesful.6 weeks after surgery i had an appointment with the surgeon advising him that since the surgery the pain i was in was extreme and no ammount of painkillers even touched it,also i was having massive painful spasms in my hip and whole leg and both my calf and thigh muscles were hard as a rock.he arranged that he would give me a steroid injection in march this year
when the needle went in (steroid and painkiller)i screamed in absolute agony while at the same time i was told "do not move".i did not move and about 15 seconds later,still screaming and now being held down by theatre staff,the surgeons 2nd ?? who injected me immediattly left the theatre and was gone.my original surgeon was not present.the theatre staff were trying to tell me to breath easily which was imposible because of the pain but in a few minutes i got my breathing in order and was taken back to the ward.i was advised by the ward staff that i would immediattly benefit from the injection which would last upto 3 months.2 hours later iwas told i could now go home.
the injection of steroid had no effect.all during that time i have been on a combination of 3 powerful painkillers prescribed by another consultant at 'pain clinic' in july this consultant recommended a 2nd MRI scan as now my joint was clicking and grinding (you can audibly hear it when any weight at all was put onthe joint,the MRI which was done in august. a few days after the MRI my gp who had alreadywritten to the hip surgeon and arranged another appointment with him.my gp had told him in writting that the pain was so severe it was affecting every aspect of my life and was causing many sleepless night due to spasms and pain,and was further causing much depression to me.the surgeon said that he would now do a 2nd steroid injection himself and do it under anestetic so i was out for the count.when i awoke i could still feel the pain.the surgeon has now arranged another appointment in december to discuss a hip replacement sometime next year.

before the original surgery i had no need of a walking stick or cruthes.ive now been on criutches for 10 months and cannot take a single step without extreme spasms/pain and grinding,im on highest dose of morphine patches which only helps very slightly,all the other strong painkillers are a complete waste of time,even 2 different cocktails of strong sleeping pills have little effect.my weight has gone up from 11st 10lbs to 16st lbs

and now the results from the MRI arranged by my 'pain clinic' consultant show that i have almost NO cartlidge left in my hip.the surgeon who performed the cartlidge removal has removed almost all cartidge

everyone that knows me can see that ive completly had enough and im in a very bad way.i have felt for some time now that the surgeon has messed up big time.i see legal action as my only option

i know i could have simplified what ive written above but infact there is a whole lot more.my medical /hospital letters run into over 150 pages since the opp last year

 

[Simmotino]

So they diagnose a problem once it becomes visible, give you the option of how it's to be treated, which doesn't work, and now you want to sue them?

No wonder the NHS is in such a financial mess :shake:

 

[FourRingCircus]

This may sound harsh, but it's what you are going to endure if you go down the litigation route so I'm being cruel to be kind and I'm sorry if it's not what you want to hear.

i had wear on both hip joints but on my left hip the arthritis was so bad that i had 3 choices

Hip wear is a fact of life. We all get it and it's not a doctors fault.
YOU had three CHOICES

i decided on the cartlidge trim as i felt at 53 years old the hip replacement seemed an extreme option.

YOU decided.....

I'm not seeing a negligent doctor here - only an NHS system which does the best it can - sometimes too much even.

It's easy to look back and say a hip replacement would have been the best option to begin with, but you probably know that now.

 

[PsiFox]

Sorry doesn't sound like negligence to me. You picked the wrong option. My other half is 50 and has arthritis, she was offered the trim or replacement. In 2/12 weeks she has the op to replace the hip.

 

[srichards]

So what are they going to do now to rectify the problem ie too much cartilage was removed?

Those tens machines are supposed to be quite good as they just swamp the nerve so you can't feel the pain.

I'd get a referral to another specialist. One that has a good record in sorting out similar conditions.

 

[Garry Edwards]

I'm very sorry that your life has been affected in this way. But is it really negligence or just bad luck?

 

[pmiddleditch]

in response to some of your replies.i feel i should say that the 'pain clinic' consultant who has viewed the before and after results of the 2 MRI scans is shocked by the differences which they clearly show.before cartlidge trim i definatly had some carlidge wear and do have arthritis in the hip.
9 months later i have vitually no cartlidge and very very substantial wear to the hip requiring immediate surgery.he is not suprised at all by the amount of pain i am now in.

my original surgeon has not once told me that he was going to or had to take almost all my cartidge.and also seeing the amount of damage with the camera inserted into the joint during the procedure he could have decided not to perform the procedure after all and advise me that in his opinion the procedure was no longer an option
i have explained my situation to the hospitals registar where the opp was performed,they are fully aware of my situation and have advised me to consider seeing another surgeon at the same hospital ( the hospital specialises in these procedures/opps even treating a great many sportsmen with joint injuries.

im upset,my friends are upset,my family are upset seeing the severity of the pain im in and the transformation of someone very fit to someone they barely recognise

im also now on full DLA carers and mobility allowances.i cannot work anymore i now have to rely on my savings to get by on.i do not recieve any benefits or allowances from the council or benefits agency,because of my savings i am not entitled.
earnings lost and savings alone going down substantialy every week

some of you have written or agreed that you hate this culture of suing.i too dislike it when i see people that have recieved £1000s for so called whiplash or even minor injuries or even just the fact that they were involved in a minor accident that has caused them to take time of work,and recovering in no time at all really.as the cost of insurance goes through the roof.

i am aware that NHS costs alone for negligence runs into £millions but surely these costs reflect real damage done to patients.

everyone around me including my gp,physiotherapist,pain specialist consultant knows i have been damaged,,i dont think the question of should i sue comes into my post and questions here/enquiry is what is YOUR OWN experience of going down this road.

 

[Simmotino]

in response to some of your replies.i feel i should say that the 'pain clinic' consultant who has viewed the before and after results of the 2 MRI scans is shocked by the differences which they clearly show.before cartlidge trim i definatly had some carlidge wear and do have arthritis in the hip.
9 months later i have vitually no cartlidge and very very substantial wear to the hip requiring immediate surgery.

Sp your condition worsened over time (unsurprisingly) and further cartilage has been eroded due to the problem.

I'm still not seeing negligence here.

 

[pmiddleditch]

Sp your condition worsened over time (unsurprisingly) and further cartilage has been eroded due to the problem.

I'm still not seeing negligence here.

when i had the epididectomy a few moments before i was taken into theatre i was advised by the surgeon by my bedside that in his opinion the removal of the cyst and epididimous definatly would not sort out my groin pain.all it would do is remove a non benign cyst.i did have testicular pain so i decided on that surgery and totally accept that the pain i was in warranted the surgery and there is no question of anyright to sue as i was given all the information required

i and others feel that i was not given all the information on the hip surgery,at no time at all was i told that almost all my cartlidge had been removed and i was likely to experience substantial wear to the joint 'due' to the procedure.i was told that the cartlidge had been trimmed and the surgery was completely succesful and i would make a full recovery in 6-8 weeks.nor at any time was i told that i may or was likely to experience severe pain after surgery.i was not completly advised.
it is only seeking a 2nd opinion from the 'pain clinic' consultant who also specialises in joint problems that the hip replacement option was definatly not an immediate solution to my pain as the arthritis was only gradual.he has advised me that it is the almost complete removal of the cartlige that has caused the deteriation of the hip and the severe pain im in.and it is obvious to him that i require immediate surgery.
the original surgeon has booked me in for late december to only discuss a date for a hip replacement.to me this is not immediate and he is definatly not treating me as an urgent case.

now it is known that i have had virtually no cartlidge in my hip for nearly a year,my gp,pain consultant,friends and family and everyone that sees my pain wince knowing what ive been through and will have to endure for many months more

is it not negligence to fully advise possible or probable outcomes or treat a problem or rectify a 'mistake' as soon as it becomes apparent

 

[arclight]

as above,has anyone here succesfully sued for negligence the above,or unsuccesfuly too

if so,did you use a solicitor that came recommended,a specialist solicitor or one of these that advertise on the TV

looking for your experience as im on the verge of having to sue my cansultant/surgeon for negligence

Going down that road is a good way to spend the next 10 years of your life dominated by the endless meanderings of the legal profession. And these guys sure don't work cheap.

 

[PsiFox]

Form the time of diagnosis, i.e. you told you now need a hip replacement, must occur no later than 18 weeks after this time. so you should not have to suffer for many months more as you would probably be classified priority and get in sooner.

 

[pmiddleditch]

just wanted to add that i may have not replied individually to what you have had to say.i do respect your opinions and i have taken in some of what you have had to say.i have a lot to think about as i have and will be taking more specialist advise before making the jump into litigation.i have already been offered no win no fee,subject to full disclosure but am unsure.i have also taken advise from another solicitor that 'specialises' but requires a deposit and does not work on a no win no fee,im now waiting for their estimated costs which i know will be substantial and are likely to wipe out my life savings should i not win.however i have been told that they know their stuff and they will not take on my case if after reading all my letters and have gained access to my medical records.at this time i feel slighly more comfortable with what they have to offer


there have been many replies to my posts,but not as yet from anyone that has actually gone down this road.hopefully there will be some advise from them too

but thanks so far.

 

[menthel]

Please make sure you see another, independant, orthopaedic knee specialist before taking any action. That may well shed some further light on things. A registrar (still in training) and a pain specialist (often anasthetics trained) may have some knowledge but I really would see another knee specialist as well, taking all of your notes and images with you.

 

[Garry Edwards]

Just be aware that some of the 'specialist' solicitors seem to specialise in anything that can earn them a quick buck. You're having a lot of pain and mobility issues, I'd hate for you to be fleeced as well...

And from cases I've heard about, many of the 'no win no fee' vultures should be struck off. These are the people who cost the insurance companies and the NHS millions, and who care nothing about the interests of their clients.

 

[TriggerHappy]

I have a lot of sympathy for what you've been through, having had a lot of experience of cartilage problems in my knees.

Ultimately it's your choice whether to go the legal route based on how you feel you were treated. If you were simply unfortunate not to get the results from surgery that you wanted then it's just a hard pill to swallow. If you were misinformed, ill-advised or mislead then it's a slightly different circumstance.

Despite what we'd like to believe, our medical understanding is actually very basic. There's not very many things that are curable, only 'treatable' or 'manageable', and all these things have risks, variables and unforeseeables attached. Our medical knowledge, or at least surgery, doesn't actually extend much beyond chopping out offending pieces of ourselves and sticking other bits back together.

People don't enter the medical profession to do harm but they're human and just like a bricky may mess up a wall or an accountant miscalculate a figure, innocent mistakes can and do happen.

From your post you seem to say you're going back to the same surgeon to correct the problems the first time. If it was me, and I believed that I had been the victim of negligence during surgery, the last thing i'd be doing is going back to the same person to try and have things rectified! I'd be looking for the most reputable of orthopaedic consultants/surgeons and have them assess my case to make sure it was done right the second time. I certainly wouldn't trust my body in the hands of someone I already believe to not be good enough.

Whatever you decide, I hope you reach a place where your quality of life improves and you are without pain and that you reach the right outcome with the surgeon in question

Also, please keep in mind I'm approaching this from a general moral standpoint rather than someone with any legal knowledge at all!

 

[pmiddleditch]

Form the time of diagnosis, i.e. you told you now need a hip replacement, must occur no later than 18 weeks after this time. so you should not have to suffer for many months more as you would probably be classified priority and get in sooner.

my gp has already contacted the surgeons registar who has advised my GP that the steroid injections effects will last upto 3 months and my next appointment will be december 12th.which is the earliest date they can see me.this coincides with the 3 months after the steroid injection.the registar further advises my gp that it is only then that they can confirm the results of this injection and any further treatment and diagnosis.the surgeons notes state that i will probably require a hip replacement and i will be offered the various options of this.(apparently there are several types of hip replacement)

so Yes it must be 18 weeks from the 12th december,meaning i will possibly have to wait until the end of april 2013 for further surgery.another 6-7 months of severe pain.

if as been suggested by my gp and pain specialist i go down the road of seeking another consultant/surgeon i could have to wait just as long for surgery.and i am really worried that everything the original surgeon has done has not worked out so having him perform any hip replacement 'does my head in'
also knowingly allowing him to perform surgery on me when i have clear doubts about his own judgment worries not only myself but everyone other than this surgeon that knows me.

you see after 10 months of this pain all i really want is the pain to stop,and im now worried that my own judgement thinking is also becoming impaired.my attitudes,behaviour and relationships and moods with people have definatly changed quite a lot.im very grateful for those that are standing by me and helping me but i also feel sad that i have lost some friends who have been subject to my bad moods.i hardly know my real self now,ive changed so much in such a short time.or whether im just ranting on or have lost the plot

 

[pmiddleditch]

Please make sure you see another, independant, orthopaedic knee specialist before taking any action. That may well shed some further light on things. A registrar (still in training) and a pain specialist (often anasthetics trained) may have some knowledge but I really would see another knee specialist as well, taking all of your notes and images with you.

it was the surgeons 'registrar'that performed the 1st steroid injection.and legged it immediatly after the injection.when speaking to the surgeon of my concerns about having a 2nd injection,he advised me that because of the "unusual and unexpected problem" the registrar experienced during that procedure he would himself perform the 2nd one whilst i was completly sedated.

my pain specialist is a former orthopedic surgeon who fully aware of pain people suffer has changed profession and has been a well respected pain treatment consultant for many years.he has treated and managed my back pain problems for over 4 years.i cannot fault any of his treatment at all and it was he that initiated the 2nd MRI scan.it is he that was shocked by the differences in my hips condition over such a short period of time.
i have an appointment with him related to my back to have more steroids pumped into my spine in early november and am hoping that he will refer me to another orthopedic surgeon.

as stated above the hospital i had the surgery specialise only in joint surgery/treatment,it is highly respected and they also have said that they could refer me at my request to another surgeon at that hospital.so i do have some choices and decisions to make

 

[Byker28i]

My daughter had a bad reaction to her MMR jab and within an hour was in a coma, which she took a week to come out of. Other children were also in the wards after having the mmr and the unofficial suspicion at the time was a duff batch.

When we tried to find out what happened, all the records were misplaced. We gave up in the end, thankful we still had our daughter.

What you really need is to have the issue resolved and the pain removed. I'd be pushing to have you urgently moved up the waiting list. Have you tried talking to the hospital administrator?

 

[pmiddleditch]

Just be aware that some of the 'specialist' solicitors seem to specialise in anything that can earn them a quick buck. You're having a lot of pain and mobility issues, I'd hate for you to be fleeced as well...

And from cases I've heard about, many of the 'no win no fee' vultures should be struck off. These are the people who cost the insurance companies and the NHS millions, and who care nothing about the interests of their clients.

thanks Garry.

i would like to think i am nobodys fool,at 54 ive managed so far not to be fleeced by anyone,thats pretty good when one considers i had been in business most of my adult life.ive even twice acting formyself without a solicitor happily settled out of court when i had claims of damages againstmy then solicitors bad practice and anothers misconduct,and also successfuly claimed substantial damages from my own bank whilst in business,and 4 years ago,acting as a friends 'adviser/speaker' claimed in manchester's employment tribunal that her EU employment rights for "holiday pay for holidays/entitlements/days off not taken in previous years" were being ignored by her employer when quiting her job.Acas wouldnt help and neither would a solicitor.we won her case for back pay and damages and that part of EU law is now part of UK employment law.

as for the vultures,i am aware and wary of them

 

[pmiddleditch]

My daughter had a bad reaction to her MMR jab and within an hour was in a coma, which she took a week to come out of. Other children were also in the wards after having the mmr and the unofficial suspicion at the time was a duff batch.

When we tried to find out what happened, all the records were misplaced. We gave up in the end, thankful we still had our daughter.

What you really need is to have the issue resolved and the pain removed. I'd be pushing to have you urgently moved up the waiting list. Have you tried talking to the hospital administrator?

im so glad your daughter is ok,as a parent myself i really feel for what you must have emotionaly been going through.

it would appear clear to anyone that her hospitals behavour in misplacing her records was an attempt by them to avoid an 'situation'.thankfully most records are computerised but still i understand you giving up and your relief in having your daughter back

im 100% with you on speaking with the hospital admin.an option that i will now be making enquiries with,so many thanks on that one

 

[faddius]

With all due respect and sympathy (your pain and mobility issues seem similar to my fathers just before he died), but you seem to be struggling to justify taking the nhs to court for negligence to a forum of strangers. If you opt to take this to court, you're likely to get thoroughly abused by the nhs's legal department.

Sort out exactly why you feel it's negligent (not just this guy did this which I didn't like, and another guy did this which didn't work), how they NEGLECTED you in terms of care and diagnosis. Aka not just getting it wrong, or running into unforeseen problems, your case might be very unusual hence why specialists are struggling to fix you. Then work out exactly why you feel you deserve compensation, to make up for lost savings as you can't work? To pay for private care as you have lost faith in the nhs? Then seek to claim appropriately.

Without those points firmly set in stone, any sort if legal action against a large entity like the nhs is unlikely to be a wise idea and could stand the chance of you loosing the rest of your savings if you loose and get dumped with the bill.

 

[Ploddles]

No surgery is risk free and I feel that you are just one of the unlucky ones where it hasn't had a positive outcome. Doesn't sound negligent to me, just unsuccessful.

I don't think any damages come out of the NHS budget as they insure against this, so as such it doesn't cost the NHS a lot to fight a case whereas it could cost you 10s of thousands.

 

[pmiddleditch]

With all due respect and sympathy (your pain and mobility issues seem similar to my fathers just before he died), but you seem to be struggling to justify taking the nhs to court for negligence to a forum of strangers. If you opt to take this to court, you're likely to get thoroughly abused by the nhs's legal department.

Sort out exactly why you feel it's negligent (not just this guy did this which I didn't like, and another guy did this which didn't work), how they NEGLECTED you in terms of care and diagnosis. Aka not just getting it wrong, or running into unforeseen problems, your case might be very unusual hence why specialists are struggling to fix you. Then work out exactly why you feel you deserve compensation, to make up for lost savings as you can't work? To pay for private care as you have lost faith in the nhs? Then seek to claim appropriately.

Without those points firmly set in stone, any sort if legal action against a large entity like the nhs is unlikely to be a wise idea and could stand the chance of you loosing the rest of your savings if you loose and get dumped with the bill.

when originally asking for the experiece of "those who had taken this road" i was looking for exactly that,their own experience,you are quite right that almost everyone that commented has resulted in me having to explain myself which was not my original plan.
i have worked out my reasoning with family friends and most importantly the latest solicitor i have made enquiries too.these reasonings will be set in stone and a clear plan of action adopted before both any solicitor and i take the action required.if i decide not to use a no win no fee company i will be looking for an accurate estimate of likely costs before i take things further and one solicitor is on this as i write .

 

[pmiddleditch]

No surgery is risk free and I feel that you are just one of the unlucky ones where it hasn't had a positive outcome. Doesn't sound negligent to me, just unsuccessful.

I don't think any damages come out of the NHS budget as they insure against this, so as such it doesn't cost the NHS a lot to fight a case whereas it could cost you 10s of thousands.

well i have 1 consultant that feels strongly that there is negligence in advise,treatment and lack of aftercare planning

im quite sure that the NHS's insurance premiums run into the 10's if not hundreds of £millions,and that in itself says a lot.however that side im also advised that the NHS in more than 50% of actual negligence claims are advised to settle claims at the earliest stage,out of court.however that is not my consideration.all that is important to me is making absolutely sure everything is in order and i have a definate claim.only then will i procede

 

[Ploddles]

Your main problem may well be with that estimate of costs. In reality these are usually way off. I would budget for 3 or 4times what that estimate is.

They will probably estimate for a best case scenario but that rarely ever happens and if it did end up in court those costs will suddenly rocket.

Remember, it is an estimate and not a quote. Wouldn't like to see you here in 5 or 6 years time saying you are going to sue the solicitor for some of the costs back because they were 'negligent in working out their estimate'.

5 or 6 years isn't an unrealistic time frame to settle this type of case.

 

[Nod]

Option #1. Take a huge gamble and sue. Don't forget, you'll need expert witnesses to testify against the surgeon you want to sue and you may have problems finding them. It will be expensive and even if you do win, will probably cost you a bomb. If you lose, of course, you could end up with costs being awarded against you and a countersuit of libel/slander from the chap involved, costing you even more.

Option # 2. Discuss with a private surgeon the cost of hip replacements - it seem obvious to me that you've lost confidence in the NHS and you may well have problems finding a surgeon willing to treat you once you've sued one of them. Probably won't be cheap but should sort you out and get you back on your feet.

Option # 3. Not a truly genuine suggestion or option. Get on with life and live with what you've got. It's the cheapest option but not one that I genuinely think is a real option.

I hope you get sorted as soon as possible.

Nod.

P.S. My recent experiences with the NHS and surgeons in particular could not be bettered. They removed a pesky tumour from inside my skull and not only saved my life (WITHOUT THE SURGERY, CHANCES ARE THAT i WOULD HAVE BEEN DEAD IN 3-6 MONTHS!) (excuse caps - keep catching the caps lock button instead of the shift one.) but totaly transformed it - I'm back to the old Nod as I used to be a few years ago and am so much improved it's almost scary! OK, I picked up a pneumonia at some point but that could have been before I went in, since I had been bedridden for quite a while before hospitalisation.

 

[PsiFox]

my gp has already contacted the surgeons registar who has advised my GP that the steroid injections effects will last upto 3 months and my next appointment will be december 12th.which is the earliest date they can see me.this coincides with the 3 months after the steroid injection.the registar further advises my gp that it is only then that they can confirm the results of this injection and any further treatment and diagnosis.the surgeons notes state that i will probably require a hip replacement and i will be offered the various options of this.(apparently there are several types of hip replacement)

so Yes it must be 18 weeks from the 12th december,meaning i will possibly have to wait until the end of april 2013 for further surgery.another 6-7 months of severe pain.

if as been suggested by my gp and pain specialist i go down the road of seeking another consultant/surgeon i could have to wait just as long for surgery.and i am really worried that everything the original surgeon has done has not worked out so having him perform any hip replacement 'does my head in'
also knowingly allowing him to perform surgery on me when i have clear doubts about his own judgment worries not only myself but everyone other than this surgeon that knows me.

you see after 10 months of this pain all i really want is the pain to stop,and im now worried that my own judgement thinking is also becoming impaired.my attitudes,behaviour and relationships and moods with people have definatly changed quite a lot.im very grateful for those that are standing by me and helping me but i also feel sad that i have lost some friends who have been subject to my bad moods.i hardly know my real self now,ive changed so much in such a short time.or whether im just ranting on or have lost the plot

My other half was offered both treatments concurrently as the jab is a short term relief not a fix.

 

[ACW]

Without having personally having been in your situation I can't say how I'd feel if I was you.

However, where everyone is now claiming, it's a case of you needing to prove to everyone else that you're not the bad guy. (not from a legal point of view, I mean to people you tell that you're claiming)

It's like with whiplash. 2 cases at work in the last couple of months, absolutely lovely employees, however nobody believes they've actually got it. It ends up people beginning to spite them due to the fact they have to pick up their slack whilst they are off of work. Same with any other whiplash stories people hear, people instantly will think you're lying.

It seems that people are beginning to think this way about any kind of negligence claim unless it's life threatening and they can see a drill-bit sticking out of your skull or your leg facing the wrong way.

I'm not saying it's right, but it's how a lot of people think now.

So as well as the court case, unfortunately you'll have people thinking you are a money grabber.

Not saying it's right, it's just a sad reality.

Whatever you choose to do I hope it works out for you and doesn't drag on too much. Most importantly 'get well soon!'

 

[pmiddleditch]

My other half was offered both treatments concurrently as the jab is a short term relief not a fix.

as stated further up the thread,im quite aware that the steroid injection is a short term fix.it was offered and given on 2 occasions due to the extreme pain im in,and as also stated i was told by my surgeon they would last 'upto' 3months however he knows neither injections have had any effect or helped in any way.

and as also stated further above i have been having steroid injection in my spine due to a long term back problem.these are done
by my 'pain clinic' consultant and these have worked every time.my pain clinic consultant had advised me that sometimes these steroids can have little to no effect,also the more of them i have the more likely they will have a lower effect as just like painkiller tablets etc,the more you take over a long period of time,the less they work as the body gets used to them.ive been pleased/grateful/lucky,whatever the have worked.
the surgeon who advised and injected my hip with them never at any time told me they may or may not have any effect.it was clear to everyone,my gp,painclinic,physio etc within weeks of the surgery in december last year that the surgery had failed and had a massive opposite effect.the surgeons notes state that the surgery was succesful,it was'nt.and he had immediatly dragged my physical and well being down to a point where i could not walk,am in extreme pain all of the time and need help to look after myself,and has refused to acknowledge that no amount of even the strongest painkillers are giving me any relief and i was then and am an urgent case for a hip replacement.
so where is this surgeons 'duty of care'.there is none and he is negligent

 

[pmiddleditch]

Without having personally having been in your situation I can't say how I'd feel if I was you.

However, where everyone is now claiming, it's a case of you needing to prove to everyone else that you're not the bad guy. (not from a legal point of view, I mean to people you tell that you're claiming)

It's like with whiplash. 2 cases at work in the last couple of months, absolutely lovely employees, however nobody believes they've actually got it. It ends up people beginning to spite them due to the fact they have to pick up their slack whilst they are off of work. Same with any other whiplash stories people hear, people instantly will think you're lying.

It seems that people are beginning to think this way about any kind of negligence claim unless it's life threatening and they can see a drill-bit sticking out of your skull or your leg facing the wrong way.

I'm not saying it's right, but it's how a lot of people think now.

So as well as the court case, unfortunately you'll have people thinking you are a money grabber.

Not saying it's right, it's just a sad reality.

Whatever you choose to do I hope it works out for you and doesn't drag on too much. Most importantly 'get well soon!'

thanks for your post and comments and understanding too.much appreciated

 

[PsiFox]

as stated further up the thread,im quite aware that the steroid injection is a short term fix.it was offered and given on 2 occasions due to the extreme pain im in,and as also stated i was told by my surgeon they would last 'upto' 3months however he knows neither injections have had any effect or helped in any way.

and as also stated further above i have been having steroid injection in my spine due to a long term back problem.these are done
by my 'pain clinic' consultant and these have worked every time.my pain clinic consultant had advised me that sometimes these steroids can have little to no effect,also the more of them i have the more likely they will have a lower effect as just like painkiller tablets etc,the more you take over a long period of time,the less they work as the body gets used to them.ive been pleased/grateful/lucky,whatever the have worked.
the surgeon who advised and injected my hip with them never at any time told me they may or may not have any effect.it was clear to everyone,my gp,painclinic,physio etc within weeks of the surgery in december last year that the surgery had failed and had a massive opposite effect.the surgeons notes state that the surgery was succesful,it was'nt.and he had immediatly dragged my physical and well being down to a point where i could not walk,am in extreme pain all of the time and need help to look after myself,and has refused to acknowledge that no amount of even the strongest painkillers are giving me any relief and i was then and am an urgent case for a hip replacement.
so where is this surgeons 'duty of care'.there is none and he is negligent

I was attempting to point out that the jab shouldn't be used as an excuse to stop you going over the 18 week period without treatment. So you should not be waiting indefinitely for the replacement hip.

My other half was advised that her hospital would do all they can to delay the operation. She was told to ring the consultants secretary every day to push for getting on the list.

The first day she rang up and spoke to the secretary in the morning. She told her that in an extremely polite way she would be the most annoying patient she ( the secretary) would meet and would speak to her daily. That afternoon the secretary called back to giver her her operation date.

Keep pushing but be polite, they are more inclined to help then.

H day -17 and dropping.

 

[pmiddleditch]

I was attempting to point out that the jab shouldn't be used as an excuse to stop you going over the 18 week period without treatment. So you should not be waiting indefinitely for the replacement hip.

My other half was advised that her hospital would do all they can to delay the operation. She was told to ring the consultants secretary every day to push for getting on the list.

The first day she rang up and spoke to the secretary in the morning. She told her that in an extremely polite way she would be the most annoying patient she ( the secretary) would meet and would speak to her daily. That afternoon the secretary called back to giver her her operation date.

Keep pushing but be polite, they are more inclined to help then.

H day -17 and dropping.

but it seems that putting me off and delaying is exactly what the surgeon and his secretary has done for far to long,telling me he is extremely busy and working in several hospitals has been their response.

im glad that your other half has got sorted so quickly and all is well

the decision is now made not to pursue the hip replacement with this surgeon and have a gp appointment next tuesday to discuss my options to find another surgeon,also a pain clinic appointment coming up where i will be able to discuss this with him too.

thanks

 

[PsiFox]

Good luck with your search. May I suggest if you get the letter offering you the choice of which hospital to book, you should see if any are private hospitals doing NHS work, are on it.

 

[Mandoo]

My family are going to head down the complaint procedure and possibly look at suing the NHS after this weekends fiasco with my brother.
He was suddenly stuck with severe pain in his nether regions on Thursday and went to see his GP that afternoon. Without even looking at him the GP said it was an infection and prescribed him antibiotics. By the evening he couldn't even stand up and no painkillers would even touch the problem.
My brother is one of these people who doesn't like to make a fuss so he spent the weekend doing exactly what the GP ordered, he stayed at home and rested.
By yesterday morning the pain and swelling had not changed at all and the decision was finally made to get him to A&E.
After lots more antibiotics and some painkillers over the last 36 hours, it was finally worked out that the problem is a testicular torsion and this afternoon my brother had to undergo surgery to remove a testicle as the issue was not diagnosed early enough. Torsions need addressing within 6 hours otherwise too much damage is done.
As you can understand my brother is devastated. Its not a nice thing for any bloke to be going through, but certainly not one who is only 28.
Everyone in the family is a bit shell-shocked and upset. I said to my parents on Thursday that if he was in that much pain it was a serious problem and they should have taken him to hospital that night. For whatever reason they didn't, perhaps trust in the GPs advice? But not only are they upset that its become this severe, there is a bit of guilt in all of us that we didn't just bite the bullet and take him.