Botched operation - how to proceed?

[Zio Di Roma]

One of my children had a testicular prosthesis about a year ago and it has not gone well. The positioning is completely wrong. The head of the department there said it was always a risk, but that risk was never communicated to us. Had it been, we may not have gone ahead.

The hospital has offered us a second opinion, but we aren't sure how independent that might be.

Our primary consideration is getting the work corrected but, assuming we have to pay for that. we want to recover the cost.

I seem to recall that there is a short time limit to taking action.

Anyone have any knowledge here please?

[numtumfutunch]

Zio Di Roma said:

One of my children had a testicular prosthesis about a year ago and it has not gone well. The positioning is completely wrong. The head of the department there said it was always a risk, but that risk was never communicated to us. Had it been, we may not have gone ahead.

The hospital has offered us a second opinion, but we aren't sure how independent that might be.

Our primary consideration is getting the work corrected but, assuming we have to pay for that. we want to recover the cost.

I seem to recall that there is a short time limit to taking action.

Anyone have any knowledge here please?

The most common risks of an operation would have been listed on the operation consent form that you signed and were given a copy - this was certainly the case when I had an op last summer

What does it say?

[Zio Di Roma]

numtumfutunch said:

Zio Di Roma said:

One of my children had a testicular prosthesis about a year ago and it has not gone well. The positioning is completely wrong. The head of the department there said it was always a risk, but that risk was never communicated to us. Had it been, we may not have gone ahead.

The hospital has offered us a second opinion, but we aren't sure how independent that might be.

Our primary consideration is getting the work corrected but, assuming we have to pay for that. we want to recover the cost.

I seem to recall that there is a short time limit to taking action.

Anyone have any knowledge here please?

The most common risks of an operation would have been listed on the operation consent form that you signed and were given a copy - this was certainly the case when I had an op last summer

What does it say?

I don't know, we don't have it. But head doctor, whose member of staff did the op, has admitted we weren't told.

[Voldemort]

Doctors are allowed to make mistakes.

They are not allowed to make negligent mistakes.

Regardless of whether they told you about the possibility of this complication, it would seem to be a not uncommon problem and not indicative of negligence.

If you want to take legal action you should find a good firm of solicitors specialising in medical negligence and they will get copies of all the notes and records and send them to an independent expert to assess whether or not there has been negligence.

wrt a corrective operation, why do you think you will have to pay? If a corrective operation offers a solution to your son's problems I do not see why it would not be offered. I am assuming that the work done so far was on the NHS?

[Zio Di Roma]

Voldemort said:

Doctors are allowed to make mistakes.

They are not allowed to make negligent mistakes.

Regardless of whether they told you about the possibility of this complication, it would seem to be a not uncommon problem and not indicative of negligence.

If you want to take legal action you should find a good firm of solicitors specialising in medical negligence and they will get copies of all the notes and records and send them to an independent expert to assess whether or not there has been negligence.

wrt a corrective operation, why do you think you will have to pay? If a corrective operation offers a solution to your son's problems I do not see why it would not be offered. I am assuming that the work done so far was on the NHS?

Yep NHS

Why do I think we may need to have private treatment? In order to use a specialist in the field. That assumes that no such person exists locally. They may do, but my personal experience, when I had some tricky medical issues in the past, was that most of the really good people were based around London.

[Steve_H80]

Firstly don't assume you can just go private and all will be well, it doesn't work like that.
Talk to the hospital that did the op to see what they suggest, from what you have said they have admitted a mistake so they should be given a chance to fix it.
If you don't like or trust what is offered then speak to a good legal specialist, and not some 'claims are us, no win no fee' pirate.
It's easy to get emotional about these things, but you need to try and keep a clear head to get the best outcome.

[edthefed]

Dont fool yourself into thinking a private hospital will be any better.

I had cause to complain about an operation and my treatment at a Private Hospital.

Been met with lies, incompetence and a failure to properly investigate my complaints which so far has led to "Sorry the investigation was not up to the standard expected" and "The Hospital Director has been reminded of their responsibilities"

This is an experienced Hospital Director a primary function of that role is to Investigate Complaints by patients

The hospital have admitted that other than a response to me no written record of my complaint / investigation was ever made and almost 3 years later eye witnesses have still not been contacted

[Cheib]

Voldemort said:

Doctors are allowed to make mistakes.

They are not allowed to make negligent mistakes.

Regardless of whether they told you about the possibility of this complication, it would seem to be a not uncommon problem and not indicative of negligence.

If you want to take legal action you should find a good firm of solicitors specialising in medical negligence and they will get copies of all the notes and records and send them to an independent expert to assess whether or not there has been negligence.

wrt a corrective operation, why do you think you will have to pay? If a corrective operation offers a solution to your son's problems I do not see why it would not be offered. I am assuming that the work done so far was on the NHS?

I can confirm this is all correct.

If a Doctor makes a mistake that another Doctor could reasonably have made then there’s no case to answer. Went down this road many years ago when my father died of cancer six weeks after BUPA totally missed his cancer and his GP thought he had stomach ulcers.

Legally there was no case. Oncologists that treated him were shocked but that is (or at least was) the case law

[sparkyhx]

Zio Di Roma said:

numtumfutunch said:

Zio Di Roma said:

One of my children had a testicular prosthesis about a year ago and it has not gone well. The positioning is completely wrong. The head of the department there said it was always a risk, but that risk was never communicated to us. Had it been, we may not have gone ahead.

The hospital has offered us a second opinion, but we aren't sure how independent that might be.

Our primary consideration is getting the work corrected but, assuming we have to pay for that. we want to recover the cost.

I seem to recall that there is a short time limit to taking action.

Anyone have any knowledge here please?

The most common risks of an operation would have been listed on the operation consent form that you signed and were given a copy - this was certainly the case when I had an op last summer

What does it say?

I don't know, we don't have it. But head doctor, whose member of staff did the op, has admitted we weren't told.

really? a Dr admitted to doing something wrong! They usually cover themselves in the declaration/consent 'going wrong, not working, even death'

Do you have it in writing that he admitted that?

Irrespective, as someopne said people make mistakes, they just have to be reasonable understandable not negligent

[Actual]

In my experience doctors performing a private job rent a room and the facilities from the hospital. The procedure is performed out of hours to their day job and as quickly as possible. There is then pressure to get you out so that they can give the room back.

[nekrum]

From experience take professional advise.. I’d recommend https://www.leighday.co.uk/our-services/medical-ne...

[hidetheelephants]

Zio Di Roma said:

I don't know, we don't have it. But head doctor, whose member of staff did the op, has admitted we weren't told.

Did you sign one at all? I'd have thought that's a fairly easy case to prove if there wasn't a signed consent form.

[Zio Di Roma]

hidetheelephants said:

Zio Di Roma said:

I don't know, we don't have it. But head doctor, whose member of staff did the op, has admitted we weren't told.

Did you sign one at all? I'd have thought that's a fairly easy case to prove if there wasn't a signed consent form.

His mum went with him so I don’t know.

I think one of the letters we’ve subsequently received says something like “sorry if you weren’t told the outcome may not look natural”

[vexed]

You have been offered a second opinion, it sounds like revisional surgery is an option. Why are you talking about litigation to recoup costs when you could see the second opinion and discuss revision on the NHS? The alternative sounds much more arduous, except for the lawyer's bank balance!

[Deep]

Zio Di Roma said:

One of my children had a testicular prosthesis about a year ago and it has not gone well. The positioning is completely wrong. The head of the department there said it was always a risk, but that risk was never communicated to us. Had it been, we may not have gone ahead.

The hospital has offered us a second opinion, but we aren't sure how independent that might be.

Our primary consideration is getting the work corrected but, assuming we have to pay for that. we want to recover the cost.

I seem to recall that there is a short time limit to taking action.

Anyone have any knowledge here please?

"We may not have gone ahead"

Are you sure about that? If they said there was a 5% risk of that happening would you have definitely not proceeded? They will definitely have mentioned bleeding, infection etc as risks and you/your wife were happy to accept that risk

Regardless of that....you should be able to access the consent form that you or your wife signed.

And please, don't call it 'botched'. All operations carry a risk of less than the most desirable results being achieved even in the most skilled hands. That doesn't mean it's been botched

[Zio Di Roma]

Deep said:

Zio Di Roma said:

One of my children had a testicular prosthesis about a year ago and it has not gone well. The positioning is completely wrong. The head of the department there said it was always a risk, but that risk was never communicated to us. Had it been, we may not have gone ahead.

The hospital has offered us a second opinion, but we aren't sure how independent that might be.

Our primary consideration is getting the work corrected but, assuming we have to pay for that. we want to recover the cost.

I seem to recall that there is a short time limit to taking action.

Anyone have any knowledge here please?

"We may not have gone ahead"

Are you sure about that? If they said there was a 5% risk of that happening would you have definitely not proceeded? They will definitely have mentioned bleeding, infection etc as risks and you/your wife were happy to accept that risk

Regardless of that....you should be able to access the consent form that you or your wife signed.

And please, don't call it 'botched'. All operations carry a risk of less than the most desirable results being achieved even in the most skilled hands. That doesn't mean it's been botched

If we had been told there was a 5% chance we'd still have gone ahead, if we had been told what the 5% would look like and it was acceptable.

As far as I am aware, at no point was an unsatisfactory outcome mentioned. Bleeding, swelling etc yes. Subsequently, the "boss" of the department said "I don't know what else he (the surgeon) could have done" so he obviously thought the risk was high that the outcome would be poor.

If we had known that the outcome would be this, we would have sought out a private opinion from whoever is the best in the field. If they had said it was unlikely to look natural we would likely not have gone ahead.

[Jordie Barretts sock]

OP, you say you want the operation "corrected". Surely the NHS can do this?

Or perhaps I'm reading between the lines too much and you want some financial recompense?

[Zio Di Roma]

Jordie Barretts sock said:

OP, you say you want the operation "corrected". Surely the NHS can do this?

Or perhaps I'm reading between the lines too much and you want some financial recompense?

We really don't want money. We want the job done properly. End.

[Jordie Barretts sock]

Ok, my apologies. I did say perhaps.

So what do the NHS say? Presumably you have asked them to correct the situation?

[Tam_Mullen]

First of all its a shame that there has been issues after surgery, especially in such an intimate area.

Secondly though, Private healthcare isnt some sort of silver bullet. For starters where do you think they get the doctors/surgeons from...