Botched operation claim help/assistance needed.

[Kaben]

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
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[scorps]

I think theres a fine line between an innocent error and negligence, the fact that this particular chap would have used a different plate does not mean they were negligent.
You could go for a claim via a solicitor or you could write to the hospital explaining your situation and that you feel that you should be compensated in some way and see what their responce is before you consult one of the advertised ambulance chaser services.

Im not sure I particularly like the way we are going regards the compensation culture and not allowing for any human error in situations where people are just that human and not gods.

Too late for you in this situation but maybe something to consider, I ride a bike and I also drive so i have accident insurance, to date I have not had to claim on it thank goodness but my partner did get paid out on his accident and ended up getting over 30k, this realistically was what he would have been paid had he been working and it was paid out over 18 months.

If you dont get sick pay from your job then you should be entitled to try for incapacity or other benefits to keep you afloat, if you have rent etc then you get help with that too, if you have a mortgage then i assume you have insurance on that for such events as this, good luck anyway, you will probably need it especially if you are going to go down the suing route.
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[Kaben]

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
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[Fisty]

Did you sign a consent for prior to your operation?

As far as I can see the operation wasnt "botched" it was done on the assumption that the plate used would be thick enough for the job. Different consltants/surgeons have different method of working. if they had of put the plate in your leg or the wrong arm then yes, thats negligence.
I hade a plate work loose and end up poking through the skin. In total I was off work for 6 months without pay.
Im happy they could put me back together without having to pay for it!
As above though you should be able to get statutory sick pay and incapacity benefits, along with mortgage insurance ( if you have it)

There is too much of a "where there is a blame there is a clame" culture going on now.

Were you knocked off your bike or was it your fault? If it was the fault of another party you could claim off them.
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[Kwaks]

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?
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[LeeR]

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
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[Paivi]

[syl]

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).
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[chris-red]

Surely the fact that the plate snapped after a few months means it was fucked up.


Claim away, you pay enough money in tax to fund the NHS you should expect decent and correct treatment.
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[Kaben]

[syl]

[Mrs Kickstart]

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
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[Joenitro]

I seriously doubt that you will be successful in making a claim against the hospital. It will go against you in the future if you are ever unlucky enough to need specialist treatment.

For example: imagine that you have a bad smash on your bike and badly break your leg. Your local hospital can usually only do so much for you and would ask that a specialist surgeon take on your case at a different hospital. He doesn't have to fix you up and would almost certainly refuse to treat you if you are known to have made an unsuccessful compensation claim against a fellow surgeon who was trying his best to help you.

[T.C]

[Annabella]

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
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[Kaben]

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!
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Its Not a Melon, Its Clearly a Lime!!
Yamaha Fazer 600Now dead, MZ 125 SM
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