Suing the hospital for telling me I had cancer?

[MoralityPondering]

Can I? Should I? Family and friends are telling me to. I was diagnosed 2 months ago at a private hospital after MRI & biopsy. 3 surgeries later and now last week I've been told it isn't cancer at all. They had it looked at 3 times to decide it wasn't cancer so it doesn't seem to be a straight forward decision. I'm not sure it's the right thing to do anyway. I just feel how I did when I was diagnosed - like my life has been ripped apart again.

I had a similar situation and I had a mastectomy and reconstruction but just a sentinel node taken. Was there a reason why they took out all your nodes? It's standard NHS procedure these days just to take one node out initially, check to see if there's cancer and only do a full clearance if the sentinel node is affected (mine was clear). I would go for a full debrief and then take a decision on whether to take it further. The feedback I've had in the past is that sometimes private hospitals use surgeons who sometimes have more old-fashioned approaches. Feel free to DM me if there's anything you'd like to ask.

@Herewegoagainok

Can you give it time op or would you have to start proceedings soon? It sounds like you don't have all the information yet although it must have been a hard experience. If it took 3 times to make a final decision it sounds it wasn't clear cut and I'd want to know why.

OP has three years.

Hello OP, you're reaction is a fairly common one for cancer misdiagnosis actually so I hope that give you some peace. I knew an oncologist many moons ago who said it was really hard on people when they had been living believing that they had cancer. So don't feel abnormal or ungrateful for being all muddled up about it.

Secondly, compensation amounts for distress are quite small ( my children received 2k each for loss of love and affection of their father). Mine was similar for loss of my husband. Financial loss directly resulting is compensated so that would look at effects on employment etc.

OP wouldn't be claiming for distress. She'd be claiming for all the pain she has been through, the ongoing limitations to her life by virtue of the surgery she has done, future expenses resulting from that, etc etc.

I don't know why they advised the full clearance rather than the SNB. I had a lymph node flag up on the MRI and had a fine needle biopsy on it. We decided that it was probably up due to me having had the covid vaccine the week before. Still went ahead with the clearance on level 1 and 2 nodes so I will add that to my list I need to find out more information on.

And to be told you're OK and that you're not going to die is something to be grateful for. An awful lot of people weren't that lucky.

Sure But wouldn't it have been much, much better never to have been told that she had cancer and was in danger of dying, and never to have had a load of dangerous, painful and disfiguring surgery?

My brother was misdiagnosed with oesophageal cancer. He had several biopsies, a minor surgery and they were preparing to remove his oesophagus when one surgeon insisted on a further biopsy.

It turned out that the test results he'd originally been given were for someone else. Someone with stage 4 cancer who wasn't told until months later.

My brother sued and was awarded 30,000.

Personally I was a bit 😔 about litigation (his wife worked for the NHS) but I understand the feeling of being owed something for being put through hell.

Bloody hell OP, how traumatic for you!

You're obviously in shock and that is totally understandable but you need to think clearly and try to get to the bottom of this.

Keep insisting at the hospital that you have answers and a debrief of what has happened and if that doesn't give satisfactory answers then definitely get a medical negligence solicitor involved.

If people in a similar position to you just let things go then investigations wouldn't take place and other people might go through the same.

I hope you get some answers soon.

OP, I am so sorry, you have been though a DREADFUL time.

Of course you are incredibly distressed to have been through all that and lost a breast, and have such lasting impact when / if it wasn't necessary.

Being glad and relived you have not got cancer is one thing, and I am pleased that you do not have cancer.

But that doesn't make it all right to have suffered all that if it wasn't necessary.

Highly suspicious that the consultant is trying to steer you into a 'thank goodness, good news!' response.

A mistake was made in the treatment of one of my DC's some years ago (NOTHING like what happened to you, nowhere nears as bad, though had it been worse it could have been) . All members of the team involved in DC's care immediately co-operated with a full hospital enquiry, which was started voluntarily. The consultant self-referred it - although the mistake wasn't directly the consultant's work, but everything, from the consultant's instructions (including handwriting) to the lighting in the room where it happened was looked into. We didn't even have to ask. And we were given full access to all findings.

I don't know what happens in non-NHS settings.

Take your time, OP, look after yourself, know that you are not wrong to feel anything that you feel.

Does the hospital have a complaints policy / procedure?

Was it funded through an insurance scheme? Maybe they would know how best to start an investigation - apart from anything else, they have potentially paid for unnecessary procedures.

You need to know all the facts. What or if it could have been avoided.

I wish you strength and luck OP.

@MoralityPondering I'm so sorry this has happened to you. I had stage 3 breast cancer and had 2 operations, chemo and radiation. After the surgery I couldn't raise my arm and was concerned as I needed to to have radiation. I went to the hospital and they gave me exercises and now 5 years later it as it was movement wise, so don't worry about that.
I think as do others have said you deserve an inquiry at the very least, to put some sense to this. You must be in a state of shock as the whole experience has been terrible. Have the hospital said anything to you in way of an explanation or are they covering themselves?
No experience of suing but stories I've read they seem to take years and years to be sorted, not that means you shouldn't but it will stop you moving on.
Again I'm so sorry you been through this.

It’s not a case of ‘just be grateful it’s not cancer’. It was never cancer. You had invasive and life changing surgeries, that will require ongoing care. I assume you have financially and mentally suffered.

Get proper advice from a medical negligence firm. You should be owed something.

@stackemhigh

OP, please don’t feel guilty that you don’t feel good about this. What they did to you was terrible and needs a proper investigation.

I agree. I went to a private hospital and after a quick visual examination I was told I needed surgery to remove cancer. They informed me the operation would leave me unable to take care of myself for 6 weeks but it was vital to have it removed as soon as possible. I was terrified. At that point I was waiting on an NHS appointment.

However, when they discovered I didn't have insurance and was funding the surgery myself their prognosis changed completely. Suddenly it wasn't urgent, I might not need to have it removed at all.

My NHS appointment came through, they carried out thorough diagnostic tests and I didn't have cancer at all. I could still have the growth removed with a small operation and minimal revovery.

It made me wonder how many people are they scaring into having these operations because the insurance companies will pay anyway. The waiting room was jam packed to the point people were leaning against walls.

I had a great experience at a different private hospital but I would never return to this one.

You should not have had operations carried out that you didn't need. If it was NHS I would say don't sue, they're already so stretched and it would have a knock on effect but I do wonder about some of these private hospitals, especially after my own experience because there are people who obviously go ahead with the advice they've been given.

@MoralityPondering
You've had such an awful time

I dont know about trying to sue - could end up being very stressful but if you feel it would help take some legal advice first.

I’m so sorry you’ve gone through this (and for the insensitive replies you’ve had from some posters).

From experience getting a response from a private hospital when something goes wrong can be incredibly difficult. On a practical point of view if you get nowhere directly with them then I think it’s ISCAS (hope I’ve remembered the acronym!). There’s also the patient association who have a helpline which may be of benefit. Unfortunately it may need a lawyers letter to get the ball rolling.

I think it’s so important that you get the exact information of what went wrong and why.

Diagnosis is not an exact science - histology is complicated. A tumour can look like one thing in person, another on radiology and another under the microscope. By definition a tumour (even a benign one) will have genetic alterations that might mean the expected tests (eg hormones) do or do not work. One pathologist or doctor will have a different view to another which is why collaboration is encouraged. Fibroadenomas can look incredibly obvious but there is a huge grey area between them and a Phyllodes tumour which can be malignant. Often no amount of biopsies can produce a clear diagnosis and a wider excision needs to be done. Alongside this there’s human error, tests not working, false negatives and positives, mix ups with reports, surgeons mis-reading the report etc etc. Some of these things are preventable, some aren’t. Importantly if cases like yours aren’t properly investigated then we’ll never know if you were one of those rare very complex almost impossible to diagnose cases that on risk/balance would always lead to the interventions you’ve had or if there was something that could have been done differently. This has a wider impact on other patients and how the department runs. It also means that doctors don’t learn from mistakes. Doctors are human obviously and mistakes will always happen but the one positive (if you can call it that) from a mistake is the education that comes after to improve practice and protect patients.

The thing that’s leaping out at me is the complete lack of communication and explanation which is the unforgivable part. If a diagnosis is in question or difficult then that needs to be communicated- you deserve and have the right to be able to make informed decisions about your own body.

I’d suggest writing a letter stating what you want to know. If it were me I would want to know the following -

1. Was there any uncertainty on the original biopsy? How and why was the final diagnosis arrived at?
2. Ditto on the post surgery specimen
3. If it was a grey area was it shown to other specialists? What steps were taken to clarify the diagnosis?
4. If there wasn’t a clear diagnosis at the beginning why wasn’t this communicated to you? If the disconnect only arose with the second sample why wasn’t this explained to you at the appointment?
5. Is there anything that could be done differently to prevent this from happening again (obviously depending on the outcome of the above!)

I’d want all the histology reviewed by a new pathologist - I think that would be very helpful as to explaining what exactly happened. I’m not sure on the practicalities of this but it could be something to raise in your approach. It sounds like there also needs to be a clarification on the surgical approach (re having the full clearance) - ideally the whole case needs to be reviewed by an independent practitioner(s).

In the meantime be kind to yourself, this is a hell of a shock emotionally and physically. You’re feelings are completely valid.

Hi OP, I think maybe you do need to do something not least to prevent someone else going through this. Mistakes happen but as previous posters have said there needs to be a review at least. I would also take legal advice - I do agree there's potential negligence here. It may be that any money would help as you could put it towards counselling costs etc. I certainly don't think you should just be grateful it's not cancer.

@LavenderLavender

I’m so sorry you’ve gone through this (and for the insensitive replies you’ve had from some posters).

From experience getting a response from a private hospital when something goes wrong can be incredibly difficult. On a practical point of view if you get nowhere directly with them then I think it’s ISCAS (hope I’ve remembered the acronym!). There’s also the patient association who have a helpline which may be of benefit. Unfortunately it may need a lawyers letter to get the ball rolling.

I think it’s so important that you get the exact information of what went wrong and why.

Diagnosis is not an exact science - histology is complicated. A tumour can look like one thing in person, another on radiology and another under the microscope. By definition a tumour (even a benign one) will have genetic alterations that might mean the expected tests (eg hormones) do or do not work. One pathologist or doctor will have a different view to another which is why collaboration is encouraged. Fibroadenomas can look incredibly obvious but there is a huge grey area between them and a Phyllodes tumour which can be malignant. Often no amount of biopsies can produce a clear diagnosis and a wider excision needs to be done. Alongside this there’s human error, tests not working, false negatives and positives, mix ups with reports, surgeons mis-reading the report etc etc. Some of these things are preventable, some aren’t. Importantly if cases like yours aren’t properly investigated then we’ll never know if you were one of those rare very complex almost impossible to diagnose cases that on risk/balance would always lead to the interventions you’ve had or if there was something that could have been done differently. This has a wider impact on other patients and how the department runs. It also means that doctors don’t learn from mistakes. Doctors are human obviously and mistakes will always happen but the one positive (if you can call it that) from a mistake is the education that comes after to improve practice and protect patients.

The thing that’s leaping out at me is the complete lack of communication and explanation which is the unforgivable part. If a diagnosis is in question or difficult then that needs to be communicated- you deserve and have the right to be able to make informed decisions about your own body.

I’d suggest writing a letter stating what you want to know. If it were me I would want to know the following -

1. Was there any uncertainty on the original biopsy? How and why was the final diagnosis arrived at?
2. Ditto on the post surgery specimen
3. If it was a grey area was it shown to other specialists? What steps were taken to clarify the diagnosis?
4. If there wasn’t a clear diagnosis at the beginning why wasn’t this communicated to you? If the disconnect only arose with the second sample why wasn’t this explained to you at the appointment?
5. Is there anything that could be done differently to prevent this from happening again (obviously depending on the outcome of the above!)

I’d want all the histology reviewed by a new pathologist - I think that would be very helpful as to explaining what exactly happened. I’m not sure on the practicalities of this but it could be something to raise in your approach. It sounds like there also needs to be a clarification on the surgical approach (re having the full clearance) - ideally the whole case needs to be reviewed by an independent practitioner(s).

In the meantime be kind to yourself, this is a hell of a shock emotionally and physically. You’re feelings are completely valid.

Thank you. Those questions help massively. I know I need answers but not sure exactly what to ask. Other than HOW???

@Zzelda

Secondly, compensation amounts for distress are quite small ( my children received 2k each for loss of love and affection of their father). Mine was similar for loss of my husband. Financial loss directly resulting is compensated so that would look at effects on employment etc.

OP wouldn't be claiming for distress. She'd be claiming for all the pain she has been through, the ongoing limitations to her life by virtue of the surgery she has done, future expenses resulting from that, etc etc.

Agreed. I was just pointing out the procedures having been through it. They look very clearly at causality and financial loss. There needs to be a clear link. A negligence solicitor would take care of that.

Also @LavenderLavender if it is one of those incredibly hard to diagnose cases, (it could well be as it had several opinions on the sample & opinions sought from a different hospital in the end), then how do I trust that they know for sure it isn't cancer now?

For what you’ve stated yes I’d sue. I understand they found the mass and wasn’t sure but there was more tests they could
Have done to find it wasn’t cancer. They’ve put you through so much trauma it isn’t fair. Please find a good medical negligence lawyer and sue. I would also ask to be referred for counselling too.

I'm so sorry this happened to you.

I imagine you've adapted to needing such radical surgery with the thought 'well, it was to keep me alive for my kids, so it was all worth it' but then had that comfort pulled from under your feet. This is a big deal, and regardless of whether you sue and what the result might be, I do think you should explore counselling. It sounds like a horribly traumatic experience, and I wouldn't be surprised if some of that shock turns into anger and/or grief. There's a lot to unpick.

Yes, I think you should be happy you don't have cancer. No, I don't think that's the only emotion you should have. I think you should have many more far less positive emotions, and I think the people responsible for this need to be held to account. You said your surgeon seemed cagey - that doesn't sound one bit like anything has been learnt. This isn't some admin mistake to cover up - this had a very real, long-lasting affect on your mental and physical health.

You deserve to be compensated for this experience and other women deserve to have better surgeons, the surgeons you deserved too and sadly didn't get.

Sue.

Just read your last post - before reading that I was in the ‘don’t sue’ camp, but now I’m not so sure. You were diagnosed with breast cancer and had a mastectomy and now they say it wasn’t cancer ? I think you need to get some proper legal representation before you go any further, regardless of whether you intend to sue, as there needs to be a proper investigation into why this happened.

My husband died after a sudden diagnosis of cancer - it was a correct diagnosis but there were complicated circumstances and things appeared to have been missed over a period of time. I took legal advice and a formal meeting was arranged between the consultant and myself with the appropriate legal representation for both parties present throughout. The consultant went through my husbands’ case notes with a fine tooth comb and explained everything to me in detail. I did not pursue a case because the meeting clarified the fact that there had obviously been no negligence. I think this is your starting point. Get some good legal advice and arrange a formal meeting with an appropriate representative from the medical team who diagnosed and treated you, and get proper perspective on why this happened, and then you can decide what to do. I’m so sorry this has happened to you - you’ve lived every woman’s worst nightmare and then some.

Also @LavenderLavender if it is one of those incredibly hard to diagnose cases, (it could well be as it had several opinions on the sample & opinions sought from a different hospital in the end), then how do I trust that they know for sure it isn't cancer now?

Often one of the main difficulties in diagnosing from a core is that you’re seeing a small section of a bigger lesion. One of the main differentiators between the two is the overall architecture which can only really be appreciated by looking at the whole tumour. You could sample a very worrying looking bit of tumour that when you see it in context is much more reassuring and vice versa. As a rule it’s usually a ‘better’ diagnosis on examination of the whole lesion as you can better appreciate all the features. You also have more tissue for special tests.

I’m speaking very generally here, that’s definitely a question your surgeon/MDT should be addressing with you and not avoiding you. Even if it turns out all was done perfectly with the pathology there’s no excuse for how the private hospital has communicated with you/for them making this so much harder for you.

@Pyewackect

I spent 12 months watching people die , some of them gasping for breath pleading with me to save their lives. I've had to listen to their relatives screaming down the phone. I've had to do last offices for two of my friends and colleagues. I've seen cancer victims die in absolute agony, despite all the drugs we gave them so yes, perhaps my take is different. And to be told you're OK and that you're not going to die is something to be grateful for. An awful lot of people weren't that lucky.

But hey, what would I know !.

Jack shit obviously. What a monumentally uncaring, unempathetic shit of a reply.

People make mistakes. All the time. But they don't get to brush them to one side, act as if they didn't happen, not learn from them. And they sure as hell don't get to not deal with the consequences of their mistakes, particularly when they harm other people.

It is never the OPs responsibility to make this shitty situation, that was never of her making, palatable for others.

She has been harmed, physically and emotionally. Everyone who cares about her has been harmed.

This thread is yet another example of why people sue. This hunkering down and going to ground that medical professionals do when something goes wrong, destroys all trust. The lack of communication, the lack of honour and integrity, and the avoidance of open disclosure gives people no choice but to sue.

You can't bring someone to court to get answers. You can only bring them to court for money. In the course of determining if money should be paid, you get answers.
It's a shit system, but it's often the only thing available to people. Fixing that system is not the OP's responsibility. If medical professionals don't want to be sued they need to do the impossible and stop making mistakes, or do the honourable thing, and behave openly and honestly when they do.

And as for this bullshit of being grateful you don't have cancer, and blasé quips like 'but hey what would I know?' Fuck that. You don't get to be flippant about someone else's pain. Shame on you for assuming you do.

Actually I think this case is slightly different than if it had been NHS treatment. Presumably your surgeries cost you a lot of money and the health care provider directly profited from that? You’ve not only been through the pain and distress but you’re also directly out of pocket. You could argue that it benefitted the private hospital financially to misdiagnose you (I don’t think it’s likely but it is a consideration). I think you really need to get an independent review of your medical records in the first instance, it will probably cost you although you could try a no win no fee solicitors. It is very possible that they weren’t negligent and acted in good faith though.

@OffRampHilton

Would you order that they waited? What if you had indeed had cancer and the wait was seriously detrimental to your treatment?

Suing results in more risk-adverse consultants and delays in treatment for others.

No it doesn’t.