Clinical Negligance

penfactor

Hi there
My consultant has admitted he made an error (finally) with my hip replacement in Oct 09. He has offered revision surgery but said there is a big risk with fracturing of the femur & causing more problems from this. Has anyone else had re visive surgery or gone for compensation for this?
I have had had to leave my job & am classed by ATOS as having limited capacity for work now. I also am now struggling to walk anywhere without a lot of pain & problems. I have found a solicitor willing to take my claim on the basis of the letter the consultant has sent me.
Pennie

tjt6768

Can't help but wanted to wish you all the best, hope they get the pain sorted out for you one way or another..

julie47

I can't help either I am sorry.
Just want to wish you luck with the surgery.
Juliepf x

elainebadknee

Hi

Im guessing that as he's written to you admitting he has made an error but is prepared to correct it will go in his favour but surely your solicitor can advise you on that account?
Why dont you get in touch with ICAS as they deal with complaints and financial compensation - I believe in cases of compensation it goes to the Ombudsman for them to decide....Im also kind of assuming your solicitor may be "no win no fee" based Yes? In which case if it dont go your way could be costly...

Good luck

Elainex

tkachev

Very important that he has admitted an error. compensation claims are extremely long-winded and you will need very good advice, but from who I don't know but take time to find out(CAB )?. They will take into consideration how limited (for work) you were before his error but a THR would have helped correct that.
I wish you well and let us know how you progress.

Elizabeth x

nearlybionic

Hi Pennie
Sorry to hear that you need a revision. I hope that your solicitor is able to advise you fully about the process of complaint. Maybe CAB or PALS could help also.
Take care x
NB

skezier

Hi Penny,

Oh flower i have no idea how they will react with a claim on them but be careful you don't end up fighting for months and then winning to lose your compensation to fees or worse loose and have all the fees... I am sad and always veer to caution....

So sorry about the revision.....

they have to tell you the risk but for my back I asked them what the % actually was before deciding to have surgery... kinda hoped I would be one of the lucky ones and I was.

i also think that trusting your surgeon is so important and f you claim before the revision Penny he may not be willing to do it.

Might be an idea if you could go under someone else care for it? I don't know but its horrible for you to have to decide what to do.

Nice to see you by the way Cris xx

chris7

Hi Pennie

Good to see you again but Oh my love, what a dilemma and decision to make after all you have been through and are still struggling with. What could possibly compensate for the error he has now admitted? How did you feel about finally getting that admission? Relief or anger? I think that initial emotional response would tell me whether or not to make a claim against him. I would personally want a face to face apology I think before I trusted him to do any revision but it really is such a difficult position you are in on both counts. You do have my sympathy and I hope you find the courage and support to do what is right for you. I will be thinking of you.
Chris

barbara12

Hi Pennie
I really hope you got this in writing, I should imagine you wouldnt want him doing the revision.
I am so sorry you have to go through this, hopefully you can have the revision and things will improve for you.
Wishing you will with everything.
Love
Barbara xx

hileena111

Hi Penny, What a thing to face....I wouldnt want to face a revision with the same surgeon. But maybe thats just me.
I had my THR a yr ago...... Feb 2010 and I'm sure I'm much worse, much less mobile than I was before it but they are saying it is referred pain from my back {after doing my first THR and 2 weeks before my 2nd one they sent me for an MRI} Although I feel much worse I wouldnt have a clue how to go about saying it was his fault.
As for the solicitors No win No fee.....even if you dont win the case you shouldnt be paying anything....they tend not to take on cases that they think they will lose. 2009 a car reversed, knocked me down and reversed over my ankle {which was perfect then} then drove over it.....I decided to sue...it did take a long time but I won......and I didnt have the compensation before the accident so kept telling myself while I was waiting that what you never have you never miss.
I've ended up with a plate, screws and pins in my ankle and now arthritis in it so am glad I sued. Good luck whatever you decide
Love Hileena

elnafinn

Dear Pennie

It is upetting to read that this has happened to you. Would you trust this consultant after this error? That is something only you can decide. He would more than likely be extra vigilant this time around. I would think finding another consultant to take on the task of "making good" his error may not be easy.

If you have found a solicitor willing to take this on for you, do you feel strong enough to go forward with it? You must feel very bitter and quite understandably so.

I am so sorry that you have been left with this dilemma and also an operation that went wrong through no fault of your own.

Hugs
Elna x

penfactor

Thank you so much for your replies, everyone. (I just noticed I spelled negligence wrong - thats what happens when you are taking strong pain relief isn't it!
There is no way I am letting this surgeon perform any more surgery on me especially as it carries such bad risks too.
I spoke to solicitor again today & she is going to seek more advice etc & get back to me next week.
Pennie X

woodbon

Hi, I'm sorry for you and I do understand the quandry you are in, as I've been there, but not with arther. Too long a story to bother with now.
All I'd say is that be very careful about legal proceedings and solicitors, I'm guessing its no win no fee type of thing. I'd go first to CAB and get advice on your possition before doing anything you can't stop without problems.
I hope all goes well and hope you can get some redress - it sounds as if you deserve it! The best of good luck, Suexxx

cherrybim

penfactor wrote:

Hi there
My consultant has admitted he made an error (finally) with my hip replacement in Oct 09. He has offered revision surgery but said there is a big risk with fracturing of the femur & causing more problems from this. Has anyone else had re visive surgery or gone for compensation for this?
I have had had to leave my job & am classed by ATOS as having limited capacity for work now. I also am now struggling to walk anywhere without a lot of pain & problems. I have found a solicitor willing to take my claim on the basis of the letter the consultant has sent me.
Pennie

With the greatest respect Pennie, as a Legal Exec for 20 years with a husband who was a Lawyer with his own practice for 35 years until he retired I think you've got to think carefully. You don't say how explicit your Surgeon's "admission" was but he has apparently said There is a big risk with fracturing of the femur and causing more problems from this He's largely covered himself for the future already.

People think that this crass American idea of "no win, no fee" will stand them in good stead when pursuing a claim for possible damages. Well there's more to it than meets the eye. As a Claimant, to support your claim you will need independent privately paid for medical reports, possibly Xrays etc. These as you know, don't come cheap and you may well have to pay for them up front and may not recover them if you lose.

Another point to consider is that the impact of arthritis doesn't follow a specific path. The Defence barrister will make a meal of this :roll:

One final point to ponder. Needing a revision, which sadly you obviously do, who's going to attempt it because should you decide to sue your previous surgeon the fact will go around like wildfire :sad:

Both my hubby and I would say "carpe diem". Get the revision done. It's far more important than winding yourself up with entering into litigation. Should you win the quantum of damages possibly won't be as much as you would wish in view of your arthritis and you'll have put yourself through so much worry and strife.
Cherry x

elnafinn

cherrybim wrote:

Both my hubby and I would say "carpe diem". Get the revision done. It's far more important than winding yourself up with entering into litigation. Should you win the quantum of damages possibly won't be as much as you would wish in view of your arthritis and you'll have put yourself through so much worry and strife.
Cherry x

Dear Pennie

Cherry has explained very well what may happen. I was so angry/upset when two of my mum's knee ops went badly wrong, one NHS and one private that I was all for taking matters further but my mum said, on both occasions, what has happened, is in the past and I have had it put right to the best of the medics ability, I want to forget about it and get on with my life the best I can. So we left it.

Love
Elna x(())

tkachev

What about the risk of fracturing of the femur? How likely would this be or is it a very small risk? Would you need to check this out Pennie as it is a big consideration?

Elizabeth

cherrybim

tkachev wrote:

What about the risk of fracturing of the femur? How likely would this be or is it a very small risk? Would you need to check this out Pennie as it is a big consideration?

Elizabeth

This is why Pennie has to be so careful in presenting her case Elizabeth. She's already been told by the Surgeon of the risk of a fractured femur.
Cherry x

frogmorton

Hi Pennie

Good to see you really good, but not with this news :sad:

Gosh you have soo much to consider.

I would ask for 100%s like Cris skez suggests.....then after that if it sounds a good bet have the revision BEFORE I let anyone know I might take action against them.

I made a complaint against stafford hospital for their treatment of my MUm, but not till after she had died (or had her heart surgery if she had lived). i freared repercussions...enough to worry about having such revision surgery anyway without that added worry.

You were suffering before I remember, but you do seem to have suffered more since :sad:

Think you have three years to make any sort of claim so you should be ok to wait till after the op if you do decide to go ahead.

Love

toni xx

penfactor

Hi there
I am definitely NOT going to have any kind of surgery performed by ANY surgeon that carries this risk. Don't think I made this clear before.
Every single person I know is encouraging me to take action so I am a little surprised at some peoples opinion here.
Pennie

skezier

Hi Penny,

Right behind you on having the surgery but i am just one of those people who is very bad at confrontation that's all.

You do what is right for you cus that's what matters flower. Cris xx

elainebadknee

Hi

All I can say is go with what you feel is right....Re people's opinions on here well it is a forum, hence different views, all made with the best of intentions....
I have tried reading the first line of your message but maybe im having a dumb moment but im not clear what you mean.....

Elainex

penfactor wrote:

Hi there
I am definitely going to have any kind of surgery performed by ANY surgeon that carries this risk. Don't think I made this clear before.
Every single person I know is encouraging me to take action so I am a little surprised at some peoples opinion here.
Pennie

penfactor

yup, I left NOT out lol.

speedalong

Hi Pennie,

I'm so sorry to hear of your problems. What a disaster.

I think you definitely need a second opinion on the feasibility of a revision. You need to go to somewhere that specialises in orthopaedics, even if you have to travel for this. As Cherry says, the surgeon is covering his own back in case it goes wrong again -hence his emphasis of the risks. You need to hear what an experienced surgeon thinks before deciding to definitely not have the op. Do not make the decision based solely on the opinion of the ortho who messed up your op.

Having done this first, then make your decision about the whole compensation thing and do what feels right for you.

Speedy