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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Suing the hospital for telling me I had cancer?

426 replies

MoralityPondering · 16/06/2021 12:58

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.

OP posts:
LoudestCat14 · 16/06/2021 14:55

I can't imagine how you're suffering having been made to undergo a full mastectomy for no reason. I am so so sorry and yes, I think you absolutely should take action against the hospital. Flowers

Tooshytoshine · 16/06/2021 14:56

I genuinely don't understand the be grateful comments - be grateful to who? The doctors? The gods? The fates?

She has had unnecessary surgery and no answers to her questions, no follow up support and no transparency.

OP, I think you are responding to all this with a remarkably level head and not seeking retribution, but rather justice (in whatever form that might be).

Gratitude here seems to be a form of socially mandated survivor guilt - if it turns out that this wasn't something that could have been avoided and was a product of negligence then OP is completely justified in seeking recompense, acknowledgement and to be incredibly angry for some time.

Blossomtoes · 16/06/2021 14:56

@oprahwindfuryy

I would 💯 sue. They messed up and not only are you in the situation you are in now (pain/suffering) you are also going to have further cost regarding your implants, and the risks that come with implants and further surgeries.
Did they mess up? Or did they err on the side of caution because they weren’t sure? Nobody’s infallible, not even doctors.

Reconstruction doesn’t usually involve implants.

Loncan · 16/06/2021 14:56

I’m so sorry this has happened to you OP, and sadly I suspect a lot of people’s replies would be different if it had been a limb amputated instead of a breast. I also suspect it’s not a coincidence that you’re now having trouble getting in touch with anyone involved, and that alone would be enough for me get a lawyer involved. You bring up a really good point about future surgeries as well - that is absolutely not a cost you should ever have to incur.

I was misdiagnosed with a serious cancer in my 20s (because of a lab mix up and a personal dispute between my doctor and the lab tech) which resulted in my partner of several years abandoning me. While not even a fraction as severe as what you’re going through, I’m still upset about it all these years later. I hope you’re able to recover the financial compensation you’re owed, and hopefully find some peace eventually.

Funfortheroad · 16/06/2021 15:00

Nothing to add except you poor thing, you’ve been through hell.

I would definitely sue. This shouldn’t have happened.

5475878237NC · 16/06/2021 15:01

I had surgery unnecessarily many years ago after the wrong diagnosis. It wasn't exactly the same scenario as you but it did amount to medical negligence so litigation was a personal choice. I came on to say I hope you get some psychological support for the mental and physical trauma this may have left you with.

roobicoobi · 16/06/2021 15:02

Reconstruction doesn’t usually involve implants.

Did you mean to say 'doesn't always'?

Either way, OP has already questioned how often implants need replaced which strongly indicates she has an implant.

roobicoobi · 16/06/2021 15:03

Did they mess up? Or did they err on the side of caution because they weren’t sure?

They told OP she had cancer and operated accordingly. They did not say they 'thought' OP had cancer. They messed up. Erring in the side of caution would involve OP giving consent to just that.

MoralityPondering · 16/06/2021 15:06

Yes I have an implant. And yes it will need replacing etc over time.

OP posts:
chompinglettuce · 16/06/2021 15:07

I'm so sorry OP, you have every right to want answers after everything you've experienced.

fabulousathome · 16/06/2021 15:07

I think the hospital should pay for

  1. Counselling - a year perhaps
  2. reconstruction of breast if that's what you want
  3. Compensation of wages if you missed a substantial amount of work or if you resigned.

If you were to take this to the press they they would have very bad publicity. So I think they will settle out of Court.

I would start by going to an excellent medical negligence solicitor.

OrangeSharked · 16/06/2021 15:08

@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

MarshaBradyo · 16/06/2021 15:08

@fabulousathome

I think the hospital should pay for 1) Counselling - a year perhaps 2) reconstruction of breast if that's what you want 3) Compensation of wages if you missed a substantial amount of work or if you resigned.

If you were to take this to the press they they would have very bad publicity. So I think they will settle out of Court.

I would start by going to an excellent medical negligence solicitor.

This is a good starting point
Blossomtoes · 16/06/2021 15:08

@roobicoobi

Did they mess up? Or did they err on the side of caution because they weren’t sure?

They told OP she had cancer and operated accordingly. They did not say they 'thought' OP had cancer. They messed up. Erring in the side of caution would involve OP giving consent to just that.

You have no idea what they said. I simply can’t get my head round someone given a reprieve from a life threatening illness wanting to sue the fallible humans who did their best for her.
MoralityPondering · 16/06/2021 15:09

Thank you @roobicoobi that's exactly it. Me consenting to a procedure because it may be cancer is a completely different thing to me receiving a cancer "diagnosis" and receiving treatment for it.

OP posts:
Pyewackect · 16/06/2021 15:09

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MaBroon21 · 16/06/2021 15:10

op, I’m really sorry this has happened to you and I’m wondering if you perhaps had a micro invasion of malignant cells and it caused confusion when they were staging.

SuperstoreFan · 16/06/2021 15:10

I'm not sure how anyone can defend the hospital and doctors, you need a debrief and I suggest getting in touch with a solicitor.

Posters trying to defend the doctors because they might have thought that 'maybe' the OP had cancer need to STFU. The OP has undergone painful and life changing surgeries because of a misdiagnosis.

SuperstoreFan · 16/06/2021 15:12

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RonniePickering · 16/06/2021 15:12

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Ostara212 · 16/06/2021 15:12

@MoralityPondering

It was in my Pathology Results appointment. The Surgeon seemed quite cagey about how it happened and kept trying to steer the conversation to how me not needing any further treatment was good news. They have been quite hard to get hold of since
I am not a lawyer

I am wondering if it's worth writing them a letter and saying you want a full debrief, copies of all medical records they hold for you and an explanation of what led to their diagnosis.

It sounds like you are saying two further biopsies were done after surgery?

If you could sit in a room with them, I'd ask if there's a sum they can give you to avoid legal action.

I realise this cannot help with the trauma you've bern through but it may help fund counselling and any further treatment you might need.

MarshaBradyo · 16/06/2021 15:14

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Message deleted as it quotes a deleted post.

OrangeSharked · 16/06/2021 15:18

I think you are conflating two issues @Pyewackect

Yes of course in the long run it is good OP doesn't have cancer. But she doesn't need to be grateful. This isn't a cancer scare that turned out to be nothing, she has had extensive surgery, loss of a breast, a blood transfusion. She will likely need future surgeries as a result of the implants. She doesn't need to be grateful that she has gone through this for nothing.

EmeraldShamrock · 16/06/2021 15:19

@Pyewackect Hmm give it a rest.

MoralityPondering · 16/06/2021 15:19

@Blossomtoes I can tell you that I had a cancer diagnosis. Because I'm quite small chested I was advised a mastectomy was the best option even though the cancer was quite small. I had lymph nodes removed from under my arm. I was then told that we would meet again once the path report was back to discuss chemotherapy and hormone therapy. The hope was I would avoid chemotherapy because luckily the tumour was receptive to hormones.

I never had the life threatening illness. What I had was several months of unnecessary terror, the worry and upset of my children, internal bleeding that led me back into surgery 3 days later, the amputation of my breast, significant cording under my arm for which I need physio etc etc. And i f I went through any of that because of mistakes made regardless of who did their best for me I get to feel however the hell I want to.

OP posts:
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