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 think you have a case. As it’s a private hospital I would have less qualms. That surgery is life changing.

@MoralityPondering

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?

All those opinions are because they won’t rule it out unless they’re sure.

@MoralityPondering

I also don't know how a benign breast mass could cause a hormone positive biopsy result and no one seems willing to tell me either.

This would be why I would ask for a debrief.

To find out how they came to conclusion they did and acted how they did.

Also if you paid for the surgeries and tests you could always ask for a refund rather than sue?

I'm very sorry you've been through this. You are right it's life altering surgery and you need answers.

Unfortunately some benign tumours look like cancers and cannot be analysed until after removal

This is awfully hard and you're not abnormal at all to want answers. One thing that might be useful to know is that most fibroadenomas have progesterone receptors and some have oestrogen receptors, which is part of the reason that they tend to shrink after menopause (according to Google). So the Pr+ bit may not be an error, but just a 'wrong sign' in terms of diagnosis.

@MoralityPomdering. I am so sorry that you have been put through this. You deserve answers and you deserve an apology. I am glad to read the post from a medical professional who treats cancer patients. @CharlotteUnaNatalieThompson.Thank you.

For all those posters who are questioning why the OP feels like she does and telling her she should be grateful that doesn't have cancer, find another thread to post on. Just because other things are worse, doesn't mean that what Morality has experienced is not awful. It is awful. In so many ways, that she has repeatedly explained. Yes she has posted in AIBU but this is not fight club.

@MoralityPondering. Your feelings are valid, you have been put through unnecessary trauma and unnecessary surgery. The failure of the team who recognise the impact of this is deeply concerning and is adding to the feelings of trauma that you are experiencing.

I hope you get the explanations and support that you need to help you come to terms with this.

Oh my god I am so sorry for not only the hell on earth you have been through but the absolute insensitive and high and mighty responses from the individuals on here. Which I can only assume are in the health care field which need to get out of it pronto if they can't see how devastating this time has been for you.

It must have just been so terrifying for you to be told your children might lose you I can't even imagine. What a brave and courageous woman you are. I would be ringing that hospital every day and causing merry hell for the nightmare they have put you through without so much as an explanation. No not acceptable not by a long shot you need a full debrief and an apology and I would seriously be thinking of speaking to a medical lawyer if you are not satisfied that there is a good enough reason. Someone has majorly dropped the ball here because the lack of communication is just disgusting and inexcusable almost like someone is hoping you just go away happy that your diagnosis has been reversed. You have had life changing surgery you have had to think about every aspect of your life and how that will go on without you in it. I really hope you have tons of excellent support around you. You have had the shock of a life time and had to change and adapt to your new body. I can't imagine I would be leaping for joy if I had almost died from a surgery which did not need to happen. In time I hope you can process this completed validated in how you are feeling. I hope you get the answers you so deserve.

I cannot believe some of the replies that you have had here, OP, and I’m so sorry that you’ve been through this.

Mine was a difficult to diagnose fibroadenoma.
At no point was I told it was cancer, but I was told it could be.
Following an inconclusive biopsy, the next step I was told would have been to remove the lump, but because of the concern about waiting times, a decision was made to re- biopsy instead.
The whole experience was traumatic and it was so minimal compared with your experience OP, plus everything was handled correctly and compassionately. You must feel all over the place.
I think I would want to settle my shock first before making a decision. As a pp said, legal action is definitely to be thought about seriously because it can be so stressful in itself.

To be honest even if this was the nhs I would be approaching a solicitor . I just have the feeling you won’t get the full story otherwise. And yes I agree you need some sort of counselling as well. I had an operation after a Cesarean as an emergency and no one would tell me what had happened. All I knew was I was opened up again and something had ruptured or torn and I was bleeding. Honestly I had to kick up such a fuss to find out what had happened and I felt angry and worried about what they had done , so I am sure you must feel a thousand times worse. You need a professional to get you the right answers.

[quote OrangeSharked]@SarahSteedman82
this is entirely different to OPs situation.

Op has had an official diagnosis of cancer, has had extensive surgical treatment with complications including the removal of a body part.

Your DH had suspected cancer based on his symptoms which was not diagnosed.

Thinking you may have cancer for a week awaiting official diagnosis and going through surgical treatment for a diagnosed cancer are two very very different things[/quote]
I never said they were anywhere near the same simply giving my experience of dealing with issues with the NHS, but thanks for explaining what I already knew from the OPs thread.

And those saying don’t sue if it’s the nhs ( it’s not) there is still insurance to cover claims and I agree it’s a long road because you have to prove financial loss etc , but there are of course times where legal action is appropriate.

I doubt those posters saying be grateful would feel that way really if it was theirs or their daughters breast that was removed

anyone telling you you should or shouldnt at this stage is not worth listening to. Legal action is traumatic and I'm against it normally for that reason but in your situation I err on the should side because it sounds like they are being evasive.

You need to ask for a copy of your notes and I'd also ask if they will pay for an independent person to review what went wrong. I doubt they'll agree to that but you lose nothing by asking.

The fact that they've had several opinions on the final outcome is not necessarily because it wasnt clear cut but could be because they dont want to be sued and were hoping one report would say something different. You need to know if any were inconclusive or if all 3 were quite explicit that it was not malignant.

If you are going to sue the notes will have to be examined by another professional. Negligence solicitors used to ask you to pay for this. Your insurers may want to pay for this because they have had to pay out for treatment that may not have been necessary.

Check your household insurance cover - do you have cover for legal expenses? Speak to a specialist medical negligence solicitor, they may have experience of what questions you need to be asking.

This is the complaint service if they arent giving you information iscas.cedr.com/patients/complaints-process/
and using it doesnt seem to prevent you suing.

@Unsure33

And those saying don’t sue if it’s the nhs ( it’s not) there is still insurance to cover claims and I agree it’s a long road because you have to prove financial loss etc , but there are of course times where legal action is appropriate.

As an NHS doctor, I totally agree. I don't support people suing the NHS for trivia but, for a case like this, IF there is negligence, it would be perfectly appropriate. The OP has suffered a life-changing injury.

Start with a debrief and go with that. I would be liaising with them and suggest they find independent psychological therapy to help you process what has happened.

You may wish to peruse a complaint and that's ok. I work in the NHS, not wishing to be outing, but work in health with a psychology background.

The way you are feeling is not abnormal in the slightest. You have been through a lot and have a lot to make sense of. Don't beat yourself up about how you feel/don't feel, or lack of "gratitude". Your feelings are your feelings and are valid.

I would start by talking to them and see how you feel as you go along. You've been through a very traumatic experience

Sorry, start with a debrief and go from there I should have said

Surely a lumpectomy if inconclusive?

I would sue- why would anyone not sue? It’s a private hospital, not a charity- surely they will be surprised if you don’t sue and are ‘really nice’ about it instead. And surely as a private hospital they will be insured up to the max in the event of people suing them. Jeez, after what you’ve been through….if anyone deserves a bit of compensation it’s you.

I am sorry you have had an awful time. I think you need to find out if proper process has been followed and this should include

1. An MDT meeting to look at all your results with an oncologist , radiologist, pathologist and surgeon to decide the plan.
2. If you haven't received a duty of candour letter then that is an error. Mistakes happen but the Drs/trust need to be open and honest about them.

I agree with PP suggesting a debrief and counselling. You have had extensive and life changing surgery. If you do not feel that you have had all your questions answered in an open and honest manner in the debrief then you can put in an official complaint which will give you more information. You have time to sue if thats what you decide to do in the end ( and you will have clearer information to help with this ie were all the appropriate steps followed) but at this stage it sounds like you need an explanation to help resolution. The fact that this is not forthcoming is additionally frustrating.

Op, as someone who was diagnosed with early stage OC last year I just wanted to say that I can well understand the terror of what you went through and for people to say you should be thankful you don’t have cancer is disgraceful.

They just don’t get ‘it’. The horror of the days etc leading up to diagnosis. Planning your funeral because it’s only natural to think you have very little time left. Having to tell family. It’s a bloody nightmare and I wouldn’t wish any part of it on anyone.

Grateful you don’t have cancer, my arse.

I think you need some counselling to get your head round it, you must be all over the place, bless you.

In terms of suing, think of it the other way round. Would you rather they fought tooth and nail to get to the bottom of it, left no stone unturned, put you through unnecessary surgery etc and then realised it wasn't cancer or they did nothing invasive, brushed you off and told you everything was fine and then told you it was cancer when it was much further down the line and maybe not treatable?

I couldn't sue them for trying their best to save my life, even if it later transpired it didn't need saving.

Focus on yourself now.

Yoo said the cancer diagnosis was "after biopsy, mammogram and Contrast MRI."

Was that a needle biopsy, or biopsy following a lumpectomy ( surgical operation to take out the lump ).

If an operation was funded by private insurance, the insurer may choose to pursue action against the medical team even if the patient does not take any action. This happened to a former colleague of mine. The insurer may have paid (a lot) for unnecessary or poorly executed work.

Adverse events that occur in hospitals have to be investigated even if everyone in the room believes no one did anything wrong.

This should be investigated. Without question.