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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:
MHIssues · 16/06/2021 15:19

I would certainly be taking it further to see if it's something they should have realised before surgery.

Wasn't there a Dr in the Midlands who did this to multiple women and ended up going to prison.

lazylinguist · 16/06/2021 15:20

Holy shit, OP. This is so awful. I find it hard to believe that people are saying you should be grateful. Grateful to whom?! Grateful to the NHS for unnecessarily removing one of your breasts, unnecessarily putting you in danger of death, and leaving you with terrible scarring?! Ffs.

The fact that the NHS does lots of good work does not in any way mean that you do not deserve compensation for the trauma and physical problems you have suffered at their hands. Flowers

Tacono1 · 16/06/2021 15:20

This reply has been deleted

Message deleted as it quotes a deleted post.

roobicoobi · 16/06/2021 15:20

You have no idea what they said.

In that case, neither do you.

My comments are based on OPs posts though.

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.

That is your failing.

PussGirl · 16/06/2021 15:21

Mastectomy is sometimes needed for benign breast lesions - giant fibroadenoma, for example.

I think any sort of emergency operation at a private hospital is potentially asking for trouble - this is one area the NHS still deals with pretty well

MoralityPondering · 16/06/2021 15:21

@Pyewackect you are making me feel better about the masectomy. Better than an empathy bypass it seems!

OP posts:
Babyroobs · 16/06/2021 15:22

My sister in law had this- she was told she had firstly Ovarian cancer then uterine cancer and then that it was a condition which behaves like a cancer but isn't ! She was just relieved, it never crossed her mind to sue to be honest.

CharlotteUnaNatalieThompson · 16/06/2021 15:22

The thing in your story that would make me most likely to complain is your feeling that you are being fobbed off. If you were my patient (I treat ladies with breast cancer) I would have had a full open and honest discussion with you, including apologising for the fact that this had happened, and promising a full investigation. I would also have formally reported this within the Trust I worked for investigation. Duty of candour requires a written apology for something such as this, have you received it? And I'd expect a formal investigation into the circumstances as you've had an unnecessary operation which is potentially a never event, depending on the circumstances, but at the very least has caused you significant harm.

I would be putting in a formal complaint (not necessarily suing at this point) with a deadline by which you expect a response, because this is the quickest way to get people to pay attention. I would ask for a debrief with your team, and also a a second opinion from your local NHS breast unit - the train I suggest this rather than privately is that although events such as this should be investigated robustly regardless of NHS or private (after the Paterson enquiry at least) I don't know if that's true (I don't work privately).

Depending on this (including how willing they are to discuss this openly with you, not just the results) I would definitely consider legal proceedings. You don't need to decide now, you have 3 years in which you can make a claim so why not see if you can get some answers before deciding.

All the very best for you and I am keeping everything crossed that you get some answers that will help you to find a way forward through this distressing time. (I haven't gone into how this could have happened and that's not possible to say without going through your case in detail) x

Tacono1 · 16/06/2021 15:22

Op. Those suggesting meetings with the medical team are misguided. You will not get the answers you need and it will be potentially very upsetting. See a clinical negligence solicitor. They will ask the right questions and determine if there is a case.

stackemhigh · 16/06/2021 15:23

@Babyroobs well isn't she a saint! Call the Pope.

MissLucyEyelesbarrow · 16/06/2021 15:23

[quote MoralityPondering]@MissLucyEyelesbarrow thank you for such a helpful post. I assume even if the mastectomy was necessary the nodal clearance still would not have been as it isn't cancerous. I am trying to arrange a follow up appointment with my Consultant it is proving difficult. I mainly want to know how the biopsy could be so wrong.

Your post has given me lots to think about though so thank you.[/quote]
Hi OP, I am not a breast surgeon or pathologist so it's difficult for me to be comment, but I think it's a very good question, which your surgeon should be prepared to answer.

From what you have said so far, my guess (but it is only a guess) is that they probably thought that you did have a cancer at the time of surgery. That doesn't necessarily mean that they did anything wrong in the diagnostic process. The difference between cancer and non-cancer cells isn't always clear-cut. Again, you would need an expert opinion from a pathologist.

CharlotteUnaNatalieThompson · 16/06/2021 15:23

If you want to PM me your location I may be able to recommend a place to ask for a second opinion

stackemhigh · 16/06/2021 15:24

This reply has been deleted

Message deleted as it quotes a deleted post.

theemmadilemma · 16/06/2021 15:28

I think I'd need a lot of fucking answers. Without a doubt you have suffered trauma that you needn't have suffered, and you deserve an explanation about how this happened.

I would decide on my next course of action once I had a clear understanding of how what happened to me happened.

MoralityPondering · 16/06/2021 15:29

@Babyroobs

My sister in law had this- she was told she had firstly Ovarian cancer then uterine cancer and then that it was a condition which behaves like a cancer but isn't ! She was just relieved, it never crossed her mind to sue to be honest.
Did she have several life changing operations to treat her cancer? How did she cope with the emotional fallout afterwards? I do want to just move on with my life & be happy but I'm not there yet. Wondering how other people have managed
OP posts:
ThumbWitchesAbroad · 16/06/2021 15:30

@Babyroobs

My sister in law had this- she was told she had firstly Ovarian cancer then uterine cancer and then that it was a condition which behaves like a cancer but isn't ! She was just relieved, it never crossed her mind to sue to be honest.
And did she have a radical hysterectomy with bilateral oopherectomy "just in case", or was she left un-operated on, and therefore without the lifechanging scars etc. that the OP has? Because there's an almighty fucking difference between just being told they'd got the diagnosis wrong and NOT having been operated on, and being told the same AFTER the operations.
ThumbWitchesAbroad · 16/06/2021 15:31

Ha - xposted with you @MoralityPondering - exactly!

roobicoobi · 16/06/2021 15:31

@Babyroobs

My sister in law had this- she was told she had firstly Ovarian cancer then uterine cancer and then that it was a condition which behaves like a cancer but isn't ! She was just relieved, it never crossed her mind to sue to be honest.

She did not 'have this'

The situation you describe is nothing like OP

MoralityPondering · 16/06/2021 15:31

@CharlotteUnaNatalieThompson

The thing in your story that would make me most likely to complain is your feeling that you are being fobbed off. If you were my patient (I treat ladies with breast cancer) I would have had a full open and honest discussion with you, including apologising for the fact that this had happened, and promising a full investigation. I would also have formally reported this within the Trust I worked for investigation. Duty of candour requires a written apology for something such as this, have you received it? And I'd expect a formal investigation into the circumstances as you've had an unnecessary operation which is potentially a never event, depending on the circumstances, but at the very least has caused you significant harm.

I would be putting in a formal complaint (not necessarily suing at this point) with a deadline by which you expect a response, because this is the quickest way to get people to pay attention. I would ask for a debrief with your team, and also a a second opinion from your local NHS breast unit - the train I suggest this rather than privately is that although events such as this should be investigated robustly regardless of NHS or private (after the Paterson enquiry at least) I don't know if that's true (I don't work privately).

Depending on this (including how willing they are to discuss this openly with you, not just the results) I would definitely consider legal proceedings. You don't need to decide now, you have 3 years in which you can make a claim so why not see if you can get some answers before deciding.

All the very best for you and I am keeping everything crossed that you get some answers that will help you to find a way forward through this distressing time. (I haven't gone into how this could have happened and that's not possible to say without going through your case in detail) x

I have not had a formal or written explanation yet although have requested one. This is a really good step by step of what to do next to get answers. Thank you.
OP posts:
MsHedgehog · 16/06/2021 15:32

Oh OP, you’ve been through it. I had a wrong cancer diagnosis once (well, told that a previous cancer had returned), only for further tests to show it wasn’t cancer. You’ve had a mastectomy on the basis of a wrong diagnosis, that’s just absurd! You poor thing!

That said, whether or not there is a case to answer is complex, and will depend on whether other doctors would have reached the same wrong conclusion based on what was presented...there are some good medical negligence solicitors in London and I’d suggest you contact them.

grooovychick · 16/06/2021 15:33

Yes you definitely need a debrief and counselling at the hospitals expense! If they are willing to pay for that and also reconstruction of your breast I wouldn't sue. They don't seem to be acting as though they are concerned for your future health though from what you've posted.

@Babyroobs did your SIL have a body part removed?

Some really rude comments on here, op is allowed to feel both relieved that she doesn't have cancer and devastated that she's been put through life changing surgeries all at the same time.

How are your DC op, do they need any help processing everything?

PercyPiginaWig · 16/06/2021 15:34

@Babyroobs

My sister in law had this- she was told she had firstly Ovarian cancer then uterine cancer and then that it was a condition which behaves like a cancer but isn't ! She was just relieved, it never crossed her mind to sue to be honest.
Did your SIL have unnecessary surgery with life changing consequences?

OP I would not let this drop, you don't need to feel grateful after being through something so utterly traumatic.

I would contact a solicitor who deals with medical negligence cases for an opinion.
They will be better at getting to the bottom of how this happened.

Amy compensation you receive could be put towards whatever therapy may help you get through this, as well as future treatment.
A full investigation of what happened should hopefully also improve systems if there were failings that contributed to this situation and prevent similar happening to others.

💐 for you.

Pyewackect · 16/06/2021 15:34

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 !.

harriethoyle · 16/06/2021 15:35

I think you should take some legal advice OP - you have up to three years to bring a claim so you don't have to do it immediately but equally your memory of events will be much clearer at the moment. Look for a reputable firm of clinical negligence solicitors and have a chat with them. That kind of case ie mis-diagnosis would likely be no win no fee, and so you wouldn't have to spend a lot of money getting an initial viewpoint from them and it might help you get things straight in your own head.

Ozanj · 16/06/2021 15:36

@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 would get a second (or third) opinion about the decision. If something isn’t Cancerous experts can usually tell immediately. You don’t want to go through the expense and effort of a suit only to find it was that part that was wrong and that you actually do have it.
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