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Foreign body left after surgery

16 replies

coralsky · 14/12/2024 16:20

Hello, does anybody have any experience with this. Known as 'retained foreign body'.

My question is, what sort of compensation amount may be offered if pursued. The big figures I can see online are for things like loss of an eye/ bladder incontinence.

This case in a major organ and no life changing injuries caused - but has caused pain and discomfort and lessened mobility over the last year. Enough to get referred for further investigations where it was discovered. Thanks - any insights appreciated.

Ps: this isn't a discussion on the morals of litigation against the nhs. Just curious as to the figures offered, If at all.

OP posts:
coralsky · 14/12/2024 16:29

Sorry - that should read in this case NOT a major organ

OP posts:
SailingOnAWave · 14/12/2024 16:33

What was the foreign body? More details required.

MooseBeTimeForSnow · 14/12/2024 16:34

Well, I think the vast majority of us are not personal injury/clinical negligence lawyers, so we can’t advise.

Interested in this thread?

Then you might like threads about these subjects:

cidiyic · 14/12/2024 16:37

Ps: this isn't a discussion on the morals of litigation against the nhs. Just curious as to the figures offered, If at all.

damages for personal injury are in two parts
one for pain suffering loss of amenity (your upset and trauma and ongoing pain if any) - so someone who has a leg injury that fully recovers will get less than someone who will have ongoing pain for 4 years who will get less than someone with pain for life.

the other part is any actual financial losses incurred - so loss of income if you can't work, cost of any equipment or adaptations, cost of any treatment,

so all in all what it is worth depends on what you have left in you and what the long term symptoms will be and how you react to it.

are they recommending surgery to remove it?
or is will the pain resolve and become symptomless?

basically you need to work out what the long term prognosis is, how much it will distress you and work it out from there - but you aren't going to get any precise figures of any use because it will depend on very specific information and a medical report as to your future prognosis.

so if whatever it is causes your mobility to deteriorate so you can't walk that will be worth considerably more than a bit of an ache that resolves in a few years.

it won't help to be told Mr johnson had £1,000 for something left in that caused him no problems or Ms Smith recovered £500,000 because the scaple moved internally, pierced her kidney, left her disabled and so on. every case is different and the damage and long term prognosis is everything.

go and see a medical negligence solicitor

coralsky · 14/12/2024 17:17

@SailingOnAWave not sure yet, will need surgery to get it out and check but the assumption so far is a small piece of plastic from the procedure equipment

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coralsky · 14/12/2024 17:21

@cidiyic thank you that's very useful. That's another thing I was wondering, if you need to see a solicitor or if you just go straight through PALS or something.

I'm quite pragmatic so don't think it'll be too traumatising but it was upsetting and feels very gross and having to have another surgery to remove it is a pita

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RB68 · 14/12/2024 17:53

speak to a personal injury solicitor. They have guides etc and they will look at your case and set out whats needed to make a case. You may need to put down some money to start proceedings etc. Make sure any award includes costs otherwise your award could be eaten up by those

Greybeardy · 14/12/2024 17:54

there's a big difference between foreign body due to an unpredictable equipment failure vs (for example) a swab not being counted out. Sounds like you need advice from someone with proper medicolegal training and access to all the details (including what the FB actually is/how it's come to be there; how the Trust has responded to the ongoing problem; how the problem has impacted you/the patient).

coralsky · 14/12/2024 18:46

@Greybeardy it's not a swab but sounds like the latter from whah sonographer thinks it is. Not a failure.

Honestly it's not something that will
be traumatising or cause life changing injuries - although it's been causing discomfort - but I'd have thought there'd me a small payout for general incompetence and inconvenience of having to have a second surgery.

Anyway it's very early days and not sure I'd agree with litigation against the nhs as it's on its knees anyway but was just musing.

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coralsky · 14/12/2024 18:49

@MooseBeTimeForSnow thank you for your comment, I wasn't asking if anybody is a personal injury lawyer, I was asking if anyone has been in my position.

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AlwaysFreezing · 14/12/2024 19:08

A friends mom had 3 swabs left inside her after abdominal surgery. She got 10k about 18 months ago.

coralsky · 14/12/2024 19:31

@AlwaysFreezing three swabs that's crazy!
Mine seems to be a small thin plastic object so I can sort of see how it can happen, given that there's so much blood and fat tissue and stuff in there for it to be hidden by.
But three swabs ? Do you know how they found out - did it cause her problems or did they find them by chance ?

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millymae · 14/12/2024 21:10

Are you being seen at the same hospital that the original operation was carried out and if so have they given you any advice about the options that may be available to you for claiming compensation if you want to. If not it may be worth contacting PALS
On the face of it, it seems that there can be no argument you are entitled to something but a previous job as a hospital trust’s admin link for complaints and claims tells me that it might end up not a straightforward as it seems if you pursue a claim. You will definitely need legal advice.
I’m sure there will be some who will think that in the circumstances you shouldn’t make any claim on the basis that the NHS is in a dire financial state and that mistakes happen; but even if you discount the discomfort you’ve been in since the original operation took place the surgery required to remove the foreign body will come with a risk and require a period of recovery.
My advice for what it’s worth is that if they offer you something accept it, but think very carefully before pursuing a full blown claim unless you are entitled to free legal advice.

coralsky · 14/12/2024 21:34

@millymae thank you. It's very early stages i.e just been discovered on Friday with an ultrasound scan after months of pain from the original surgery site.
I doubt the ultrasound images showing the object will have even been seen by my consultant yet.
I'm looked after by a multidisciplinary team so it's a bit complicated - but my surgery was done at a different hospital to my 'main' consultant/ hospital, but they are all under the same nhs trust. I have a catch up with my main consultant mid week next week so I will see if it's been reported back to them by then, and see what they advise re next steps. The sonographer seemed to think it would entail more surgery to investigate and remove it. I'm hoping it's somehow mistake but I saw it on the screen clear as day and he seemed very certain.
Luckily my work are very understanding and flexible about medical related absences but it's been a very difficult couple of years with a hell of a lot of time off work in that sense and the thought of more surgery that could have been avoided is filling me with dread.
I don't think i have the mental energy for a claim battle but I guess I wondered if they just offered a standard pay out for inconvenience - you know like the train delay repay system 😂

OP posts:
AlwaysFreezing · 15/12/2024 10:56

coralsky · 14/12/2024 19:31

@AlwaysFreezing three swabs that's crazy!
Mine seems to be a small thin plastic object so I can sort of see how it can happen, given that there's so much blood and fat tissue and stuff in there for it to be hidden by.
But three swabs ? Do you know how they found out - did it cause her problems or did they find them by chance ?

It caused her problems. Pain and infections.

She had the surgery at a private hospital (the NHS outsourced it to them). She had thr surgery to remove the swabs at the NHS hospital.

Hope you get sorted.

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