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AIBU?

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Original poster

To make a claim against hospital

89 replies

PistachioFrapp · 15/07/2024 16:29

Not sure if I'm reasonable to do this or if I just need to suck it up?

I had 3 suspicious moles removed before Christmas, 2 biopsies came back clear but the 3rd sample went missing.

Hospital debated for a few weeks and then said it was up to me, probably all ok, but if I wanted to be sure they could do a wider excision on the third one to do another biopsy.

Obviously I went ahead and thankfully it was clear. So, in the end, no harm was done.

BUT

The truth is, the procedure is not very pleasant, and it was worse second time around as they had to cut wider and deeper. I had to go into London for the procedure and a follow up which cost money and took up my time. The healing process was inevitably longer and more painful and the scar is twice as big as it should have been.

I'm really annoyed, I have a horrible scar that still hasn't fully healed (the other original two have healed and faded and don't bother me at all).

It's a private hospital btw if that makes a difference so I don't have any guilt about attacking the NHS.

Should I pursue for compensation or just get over it?

OP posts:
AstonMartha · 15/07/2024 17:19

@stillisHQ do you know much about biopsies?

BobbyBiscuits · 15/07/2024 17:15

I don't know if you could class it as medical negligence. The lost sample was obviously a mistake, but these do happen. I think if they had failed to then follow up, and do the other procedure, then it could have been negligent?
Though obviously it was unpleasant and it incurred cost, wasted time etc. I'm not sure if that's a high enough threshold for compensation? Could you speak to their equivalent of PALS?
I'm glad you're alright and it wasn't anything horrible.

Chartreux · 15/07/2024 17:14

Boomer55 · 15/07/2024 16:42

You’ve suffered no harm, so you haven’t got any basis for a claim.🤷‍♀️

What is there about having a second operation needing a wider and deeper incision and leaving a large scar that constitutes "no harm" in your book? To say nothing of the wasted costs of the first operation, and the costs involved in the second admission?

Chartreux · 15/07/2024 17:12

stillisHQ · 15/07/2024 16:39

don’t be daft op

you don’t have a leg to stand on

Why?

stillisHQ · 15/07/2024 17:11

anyone encouraging the op
is just wasting her time

stillisHQ · 15/07/2024 17:11

PrincessofWells · 15/07/2024 17:10

You spectacularly missed the point.

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you’re awesome

PrincessofWells · 15/07/2024 17:10

stillisHQ · 15/07/2024 17:09

it’s an important point because the OP made the decision to go for a wider incision

the fact you don’t like that point means nothing (aside from making me chuckle)

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You spectacularly missed the point.

Shielehdie · 15/07/2024 17:10

stillisHQ · 15/07/2024 17:06

but they asked if you wanted a Wider excision

you could have just said… same size as the missing sample

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Presumably they couldn’t make the new incision the same size as the original sample, or the hospital would have recommended this.

My mother had a sample taken of a mole for a biopsy. The biopsy was inconclusive and they recommended a further sample be obtained. A much wider incision was required because with the first sample having been removed, they had to dig deeper and more widely to obtain sufficient tissue for the second biopsy to be done.

stillisHQ · 15/07/2024 17:09

PrincessofWells · 15/07/2024 17:08

FFS 🙄

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it’s an important point because the OP made the decision to go for a wider incision

the fact you don’t like that point means nothing (aside from making me chuckle)

Original poster
PistachioFrapp · 15/07/2024 17:09

Wider excision is the only option, they have to cut out the original scar and go around the first wound. Wider and deeper to get through the scar tissue.

I didn't randomly choose for them to cut out a wider bit.

OP posts:
PrincessofWells · 15/07/2024 17:08

stillisHQ · 15/07/2024 17:06

but they asked if you wanted a Wider excision

you could have just said… same size as the missing sample

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FFS 🙄

Noraise · 15/07/2024 17:08

OhHelloMiss · 15/07/2024 16:31

How much £££ are you after?

Yeah this ☝️

stillisHQ · 15/07/2024 17:06

PistachioFrapp · 15/07/2024 17:03

It wasn't really much of a choice tbh.

This mole is worrying, we need to remove it and check for cancer.......... we lost the sample so don't know if it was cancerous....... shall we check again or just assume it was ok

Who on earth would not want to check and be sure?

but they asked if you wanted a Wider excision

you could have just said… same size as the missing sample

Shielehdie · 15/07/2024 17:06

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

This is also not true. A hospital can have you sign any discharge of liability they like but it won’t protect them if an employee acted negligently. And if a contact term is held to be unfair it won’t be enforceable, even if a person agreed to it.

This thread is full of people who are either very bad lawyers or not lawyers at all, happily dispensing completely incorrect advice.

PrincessofWells · 15/07/2024 17:05

Shielehdie · 15/07/2024 17:03

This isn’t correct. OP says in the original post that the procedure and follow up incurred costs (presumably things like travel costs). There is also a value to her time, worry, the larger incision, the prolonged healing period etc. These things all constitute harm from a legal perspective.

OP - what I would say to you is that it’s unlikely that this would be a very high value claim, which means it might well not be worth the time, effort and expense of pursuing it. Unless the hospital settled immediately (which they might), it would probably not be worth it.

You could speak to a solicitor for an initial view on the merits of the claim to get a better sense of whether it’s worth pursuing. You could also try approaching the hospital directly to see if they would be willing to agree to some form of compensation.

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Good advice.

Toddlerteaplease · 15/07/2024 17:04

Sue for what?

Original poster
PistachioFrapp · 15/07/2024 17:03

It wasn't really much of a choice tbh.

This mole is worrying, we need to remove it and check for cancer.......... we lost the sample so don't know if it was cancerous....... shall we check again or just assume it was ok

Who on earth would not want to check and be sure?

OP posts:
Shielehdie · 15/07/2024 17:03

Boomer55 · 15/07/2024 16:42

You’ve suffered no harm, so you haven’t got any basis for a claim.🤷‍♀️

This isn’t correct. OP says in the original post that the procedure and follow up incurred costs (presumably things like travel costs). There is also a value to her time, worry, the larger incision, the prolonged healing period etc. These things all constitute harm from a legal perspective.

OP - what I would say to you is that it’s unlikely that this would be a very high value claim, which means it might well not be worth the time, effort and expense of pursuing it. Unless the hospital settled immediately (which they might), it would probably not be worth it.

You could speak to a solicitor for an initial view on the merits of the claim to get a better sense of whether it’s worth pursuing. You could also try approaching the hospital directly to see if they would be willing to agree to some form of compensation.

redalex261 · 15/07/2024 16:58

They lost the sample told you and repeated the process in a timely manner. You have no ill-effects. I suppose you could claim for your additional costs of travel etc. and you may get something, but it’s sadly just human error. It’s not as if they lied or anything.

stillisHQ · 15/07/2024 16:54

ringoutsolsticebells · 15/07/2024 16:53

Do it. You have a very good case against them

they OP decided to go for a wider excision!

ringoutsolsticebells · 15/07/2024 16:53

Do it. You have a very good case against them

stillisHQ · 15/07/2024 16:53

they lost the third sample

You then took the decision to go for a bigger incision!

but if I wanted to be sure they could do a wider excision on the third one to do another biopsy.

Original poster
PistachioFrapp · 15/07/2024 16:52

I do feel that I have suffered harm.

Literally, two scars are healed and irrelevant, but the third is bothering me massively after all this time plus I had to go through a procedure that I shouldn't have needed.

OP posts:
PrincessofWells · 15/07/2024 16:47

Boomer55 · 15/07/2024 16:42

You’ve suffered no harm, so you haven’t got any basis for a claim.🤷‍♀️

Thank god you're not a lawyer.

Op has suffered significant harm. She had to undergo an additional unnecessary procedure, has a scar that's twice as large as it would have been, suffered pain, discomfort, incurred additional expenses and unnecessary additional worry. That is the very definition of harm.

Sausagefeast · 15/07/2024 16:47

This reply has been deleted

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