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| Kaben |
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 Kaben World Chat Champion

Joined: 09 Mar 2005 Karma :  
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 Posted: 20:17 - 11 Oct 2008 Post subject: Botched operation claim help/assistance needed. |
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Hi everyone,
You may or may not remember but back in July i wrote my motorcycle off and in the process shattered the bones in my left forearm.
I had an operation to rebuild my arm which resulted in me having 2 metal plates placed in my arm, one on each bone.
After 6 weeks i was taken out of plaster and all seemed fine.
However, last monday the metal plate holding the Ulna in my forearm snapped.
The consultant has admitted to me that they had used the wrong type of plate ( in his words - "thats not the plate i would have used - it should have been a heavier one").He also recorded the same thing into his dictaphone whilst i sat with him.
Now i wont be getting paid sick leave for this operation and the 3-4 weeks recovery time i will need.
This means i need to claim for loss of earnings, but i also want to claim for unnecessary surgery and further scarring to my body. (the place where they will have to operate is the only "nice" scar from the previous opp - the one on the inside of my arm is huge as they forgot to replace the steri-strip stitches on it when they changed my dressings in the hospital - this led to an infection and a very wide lumpy scar)
here are some pics of the existing scars.
https://www.facebook.com/album.php?aid=158715&l=f26b2&id=502990155
There is also a huge list of possible complications associated with removing and then replacing the plate that snapped.
I have never had any experience with this kind of thing and i don't know who to seek for help. I don't want to use a "no win no fee" company from the TV as they seem like complete cowboys.
Have any of you had any experience with this kind of thing?
I don't want to claim for a ridiculous amount, just compensation for my loss of earnings and their fuck up which has sent me back to square one.
Any help/advice will be gratefully received!
Kaben  ____________________ Its Not a Melon, Its Clearly a Lime!!
Yamaha Fazer 600Now dead, MZ 125 SM
My Deviant Art homepage https://robabloke.deviantart.com/ |
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| scorps |
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 scorps World Chat Champion

Joined: 29 Jan 2007 Karma :  
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| Kaben |
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 Kaben World Chat Champion

Joined: 09 Mar 2005 Karma :  
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 Posted: 22:30 - 11 Oct 2008 Post subject: |
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Scorps, i agree about the claim culture and ordinarily i wouldn't dream of making a claim. If i fall over in the street because of paving stone i will brush myself down and feel embarrassed for having fallen over.
However, because i am not going to be paid for 4 weeks i am likely going to have to go down this route as i have debts to pay and my meagre "savings" are now worth next to nothing thanks to this economic crisis going on at the moment.
The secondary concerns regarding unnecessary surgery and scarring have mostly been urged by people i have spoken to about this situation. I would be happy to just get my sick pay covered really.
I do have accident cover but the policy only covers loss of limb etc.
I would only assume that they were negligent because the lead consultant of the orthopaedics team told me they should have used a heavier guage plate to the one they used and the plate should have lasted permenantly - not 10 weeks - over half of which i was in a cast for.
thanks for your advice though  ____________________ Its Not a Melon, Its Clearly a Lime!!
Yamaha Fazer 600Now dead, MZ 125 SM
My Deviant Art homepage https://robabloke.deviantart.com/ |
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| Fisty |
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 Fisty Super Spammer

Joined: 11 Apr 2007 Karma :    
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| Kwaks |
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 Kwaks I'm not a fast rider

Joined: 28 Jan 2006 Karma :  
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 Posted: 16:08 - 12 Oct 2008 Post subject: |
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Sorry, can't agree with the idea or litigation. I am positive the surgeon who patched you back together was confident it was a permanent repair. Had you gone private for the operation I would maybe feel different, however the NHS does its best in increasingly dificult conditions.
Sue the surgeon and who knows, the next person requiring this type of operation may find less surgeons willing to carry out the procedure
As for the financial difficulties you will face, does your job require the use of both arms? Can you not return earlier? ____________________ Fallen Angel "Nae sniffing my seat now!!!!! "
www.cliqueycuntsmcc.co.uk
I AM NOT A FAST RIDER!!!!!!!!! |
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| LeeR |
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 LeeR World Chat Champion

Joined: 12 Dec 2006 Karma :   
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 Posted: 18:03 - 12 Oct 2008 Post subject: |
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RiDE set up a free legal advice line in July '07, I don't know whether it's still going but you could give them a call: 0800-876-6860 ____________________ My claim to fame: Austin Vince nicked my pen... |
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| Paivi |
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 Paivi World Chat Champion

Joined: 30 Sep 2005 Karma :   
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| syl |
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 syl World Chat Champion

Joined: 05 Dec 2005 Karma :   
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 Posted: 18:49 - 12 Oct 2008 Post subject: |
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There are many ways to skin a cat, the saying goes - Consultants often disagree on what the course of treatment should be and they may both be correct treatments without either being negligent.
You appear to be concerned about your treatment, so I would suggest that you speak to the PALS (Patient Advice and Liaison Service) office at the hospital. They will be able to look into things in more detail, liase with those concerned and hopefully give you a better explaination of what and why things happened in the way they did. If you are still not satisfied and think that they have indeed been negligent then there is a process to escalate your complaint or you can go and see a solicitor to try your luck in the courts (this may or may not be free). ____________________ Current bike: Kawasaki Z750S |
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| chris-red |
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 chris-red Have you considered a TDM?

Joined: 21 Sep 2005 Karma :   
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| Kaben |
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 Kaben World Chat Champion

Joined: 09 Mar 2005 Karma :  
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| syl |
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 syl World Chat Champion

Joined: 05 Dec 2005 Karma :   
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 Posted: 09:24 - 14 Oct 2008 Post subject: |
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| Kaben wrote: | The consultant who said that it was the wrong plate was the head consultant and the person who carried out my operation was one of his team. I don't know if that makes any difference as its not two consultants arguing it per se, but a consultant and one of his juniors? |
There is no "head consultant" in the UK system (unlike the German system, for example) - all consultants are equal in status. Some have managerial responsibilities (unit directors), some have research responsibilities (professors/lecturers), some have teaching responsibilities (professors/lecturers), some are workaholics (in the NHS and/or private sectors) but none of them are more important than the other with regard to an individual clinical case. The senior consultant is an honorific which simply refers to the one who has been in the hospital longest.
It is possible for consultants and juniors to disagree, although usually things come down on the side of the consultant - whether or not he happens to be right (usually, but not always), as he is responsible in the end. Juniors (this may be for 15 years, so it is perhaps a poor title), after all, are only "junior" until they become a consultant - one day they are a junior and the next they are a consultant however you don't suddenly go from being wrong to being infallable overnight. ____________________ Current bike: Kawasaki Z750S |
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| Mrs Kickstart |
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 Mrs Kickstart Brolly Dolly
Joined: 06 Apr 2004 Karma :  
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 Posted: 17:49 - 14 Oct 2008 Post subject: |
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Hi
Sadly I have been a simlar situation in my case the nailing of femur which had to be redone and many years on crutches.
I looked a taking action agaist the NHS and could not afford to risk it.
You cannot have no-win no fee for these cases as standard but some solicators will take them on that basis where they think there is a very good case.
I was quoted approx 10,000 to get to the first stage in medical exams and legal fees.
You dont get compensation if they fix it and while the consulatants might disagree I doubt they will say they were grossly negligent.
You shoudl get your normal sick pay although that may only be SSP. This is no different to you having the flu in that respect.
Regards
Charlotte ____________________ Help fight the safety camera partnerships -- www.pepipoo.com |
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| Joenitro |
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 Joenitro Spanner Monkey

Joined: 10 Sep 2008 Karma :     
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| T.C |
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 T.C World Chat Champion

Joined: 05 Nov 2003 Karma :   
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| Annabella |
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 Annabella Like a person, only smaller

Joined: 03 Feb 2002 Karma :   
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 Posted: 16:54 - 15 Oct 2008 Post subject: |
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Step number one: Contact your local PALs (Patient Advisory Liason)
They will advise you independently of the most appropriate way to deal with your complaint and claim.
As Paivi said, NHS Trusts have insurance and a complaints department to deal quickly, effectively, but more important - fairly with claims like this one.
Speak to your PALs - you'll find their contact details on the website of the Hospital you were treated at. They'll give you exactly the steps you need to take. They work independently to the Trust as well so won't try to 'fob you off'. If you have any problems drop me a pm.
Apologies dhamon - I didn't read your post  ____________________ Avast! Pirates ahoy!
I did Cadwell!
www.bikepics.com/members/bella |
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| Kaben |
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 Kaben World Chat Champion

Joined: 09 Mar 2005 Karma :  
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 Posted: 10:45 - 16 Oct 2008 Post subject: |
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Thanks for all the advice guys, it certainly helps - both the positive and negative views.
I understand about the no win no fee thing. I have been told that i would have to take out a form of insurance against a claim and that clinical negligence claims require a lot more capital to get rolling than other types of claim.
I have no intention whatsoever to use one of the firms that advertise "no win no fee" on tv. If i go through with it, it will be through a proper solicitors firm that will advise me properly and arent just chasing the fat commission.
If i get stuck i will definitely drop you a pm Annabella! ____________________ Its Not a Melon, Its Clearly a Lime!!
Yamaha Fazer 600Now dead, MZ 125 SM
My Deviant Art homepage https://robabloke.deviantart.com/ |
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Old Thread Alert!
The last post was made 18 years, 8 days ago. Instead of replying here, would creating a new thread be more useful? |
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