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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Surgeon has refused to operate on litigious patient

194 replies

justasking111 · 15/10/2020 14:27

Long story, friends OH had hip op. all went wrong afterwards infection set in was in hospital three months on iv antibiotics, when home had antibiotics, further surgery needed. Fast forward a few months surgeon has refused to do a further op. because my friend an expert HR person had logged each call, e mail so thoroughly with the hospital admin. and surgeon challenging them when they bull shitted, that the result is he is on morphine which the surgeon will not prescribe will have to go to GP. Now patient is in his fifties not elderly with no prospect of any kind of care. He is going to die isn`t he.

My question is is it reasonable if you question the medical system is it ok to just be kicked to the curb.

AIBU he should be kicked to the kerb
YANBU he should get the op.

OP posts:
HerRoyalNotness · 15/10/2020 14:29

Is it the same surgeon? Can he get referred to someone else?

Nacreous · 15/10/2020 14:30

Are you saying the person now needs a different (unrelated) operation where if he doesn't get it he's going to die?

What on earth do you mean logged each call with hospital admin? Why are they on morphine long term?

Your OP is really hard to follow and unclear.

DeliciouslyFemale · 15/10/2020 14:31

and surgeon challenging them when they bull shitted

Who bullshited? The surgeon or the patient? Surely he’s not the only surgeon and someone else will do the surgery? It all sounds very odd.

Fairybatman · 15/10/2020 14:31

If he was simply logging calls and documenting thoroughly there wouldn’t be an issue because they wouldn’t know.

It’s unlikely that the only reason that the surgeon has refused to do a follow-up op because your friend is meticulous in his record keeping.

It’s normal for the GP to need to prescribe ongoing pain relief, hospital docs usually only prescribe for in hospital and on discharge.

Either way it sounds like the relationship has broken down and your friend might be better asking his GP to refer him to a new consultant for a second opinion.

JuliaJohnston · 15/10/2020 14:32

He logged each call before there was even a problem??

JuliaJohnston · 15/10/2020 14:32

And, presumably, sued the surgeon afterward?

Caroncanta · 15/10/2020 14:33

Of course he should get the op. Surgeon shouldn't be able to pick and choose.

parietal · 15/10/2020 14:33

why would this patient want to go back to the same surgeon who got things wrong before? get referred to a different consultant

lljkk · 15/10/2020 14:34

The NHS is obligated to provide treatment but individual doctors are not obliged to offer treatment.

You haven't provided enough info for me to know if your friend's OH is an arse or hard done by. You tell us what he's like in real life.

JacobReesMogadishu · 15/10/2020 14:36

I doubt that’s the reason he’s been refused surgery. More likely that rightly or wrongly the surgeon doesn’t think it’s needed. Your friend can ask for a second opinion.

Gazelda · 15/10/2020 14:36

Has the original surgery been rectified? Is this a different medical issue and surgeon? Was there litigation or simply a complaint backed up by thorough records?

DizzyPigeon · 15/10/2020 14:36

If I thought someone might sue me due to previous experiences with them, damn straight I would refuse to work with them.

He'll have to find another route, whether that's to go private or try to find another surgeon willing to take him on.

Original poster
justasking111 · 15/10/2020 14:36

The call logging, e mails only started after the operation went wrong and he spent three months in a hospital on an iv. It was the follow up care that was logged. 57 is no age for all this to go so spectacularly wrong, to see a fit man reduced to an invalid who is now refused further surgery is heartbreaking. It is not the same surgeon but it is the same health board.

No-one has been sued but there has been a cover up. Our health board has form for this.

OP posts:
goisey · 15/10/2020 14:37

I'm siding with the surgeon at this point, your post is very unclear and hard to understand - but I'm guessing there's more to this story.

ivykaty44 · 15/10/2020 14:37

It sounds as if calls were logged therefore the patient knew it would be needed to do such before things went wrong....

Goosefoot · 15/10/2020 14:37

I wouldn't think it would be considered appropriate for a surgeon this person had a litigation against to do their next surgery.

This scenario sounds very confused OP.

TheMandalorian · 15/10/2020 14:38

Well this is a bit "he said, she said" but I suggest your friend speak to his GP about being referred to a different surgeon and/ or hospital. If there is no luck there then get the solicitor back out to make a legal case.
I presume you/ friend is not in the UK because this would not be looked to happen and there are plenty of options to take. Including private health care. Ps your story composition requires work.

Original poster
justasking111 · 15/10/2020 14:38

@Gazelda

Has the original surgery been rectified? Is this a different medical issue and surgeon? Was there litigation or simply a complaint backed up by thorough records?
No the original surgery has not been rectified at first he was too ill for another operation they said they would operate at a later date. They have not been sued but yes it is a complaint backed up by thorough records.
OP posts:
fallfallfall · 15/10/2020 14:38

The patient should not have surgery with the same surgeon and maybe not even in the same hospital. But is surgery is needed he should be able to receive care somewhere.
Unlikely he will die though, that seems a bit of a leap.

Original poster
justasking111 · 15/10/2020 14:39

@TheMandalorian

Well this is a bit "he said, she said" but I suggest your friend speak to his GP about being referred to a different surgeon and/ or hospital. If there is no luck there then get the solicitor back out to make a legal case. I presume you/ friend is not in the UK because this would not be looked to happen and there are plenty of options to take. Including private health care. Ps your story composition requires work.
They have not seen a solicitor yet. My friend is in Wales which is within the UK.
OP posts:
BigChocFrenzy · 15/10/2020 14:40

A surgeon can refuse to operate if they think the risk is too high to the patient, or to staff.

In this case, the surgeon may think the risk of vexatious litigation / stalking is too high
They are not obliged to put themselves at professional risk in those circumstances,
just as they wouldn't be if that friend was waving a knife around instead of a law book

Look for another consultant and hope they won't be put off by the history
they shouldn't be if the previous monitoring was because of poor medical care - and stuck to the facts -
but they may well be if the patient's friend was bullshitting / making false allegations

Goosefoot · 15/10/2020 14:40

Ah, have read the update. It's not clear that the problems were even caused by the surgeon, or why he thinks he needs another surgery. Based on what you are saying it sound like this guy is a bit of a nightmare patient, but I would be surprised if they'd refuse needed surgery on that account.

Original poster
justasking111 · 15/10/2020 14:40

@fallfallfall

The patient should not have surgery with the same surgeon and maybe not even in the same hospital. But is surgery is needed he should be able to receive care somewhere. Unlikely he will die though, that seems a bit of a leap.
It is not a leap his flesh is rotting away, only antibiotics are keeping it at bay, the morphine is for the pain.
OP posts:
Original poster
justasking111 · 15/10/2020 14:41

@Goosefoot

Ah, have read the update. It's not clear that the problems were even caused by the surgeon, or why he thinks he needs another surgery. Based on what you are saying it sound like this guy is a bit of a nightmare patient, but I would be surprised if they'd refuse needed surgery on that account.
He is not a nightmare patient he is a real poppet, his wife is fighting for him because she does not wish to be widowed. I have seen the wound it is barf material.
OP posts:
HeyBlaby · 15/10/2020 14:41

Infection can happen after any operation, no matter how good the surgical team is.

If the patient was litigious and I was the surgeon who had already had issues, no I wouldn't operate, and if the patient is so unhappy with said surgeon why does he want the original surgeon to operate again?

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