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 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.

I wonder how many body parts you have to have unnecessarily removed before you're allowed to stop feeling lucky that you're not actually ill. Does it matter which body parts? A breast is ok, but what about a leg? Hand? Is an eye worth more than an ear in the 'you didn't need to lose it, but just feel lucky they screwed up and it isn't even worse!' stakes?

@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 a hysterectomy? There is a big difference between being told something and having 3 surgeries that leaves you lifelong consequences that did not need to happen.

@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 !.

OP's trauma is very much real. Have some empathy

@MoralityPondering I have had the experience of taking legal action against a surgeon in the private sector. You’ve been well advised here about some of the complexities of the entire process. It isn’t enough to prove a mistake has been made, it needs to be proved that most medics would not have made that mistake and acted differently.

Also this is brand new to you, it will not be possible to assess how much long term damage has been done for some time yet. Hopefully you may get more function back but that won’t be known for some time yet. Ditto your mental health and long term consequences of the lymph node removal and later surgeries required.

In short, I would leave it for a while. By all means have a chat with a CN solicitor but there’s no rush. However I do think the unavailability of the surgeon is quite a coincidence and you ( or someone acting for you) needs to be assertive and ask for a MDT meeting to discuss what has happened. If they agree to this and offer you any compensation do not accept it without discussion with your solicitor.

Financial compensation is the only end point of a legal claim, not an apology or an explanation (though you may get both). The compensation is worked out forensically and you need to be able to demonstrate your losses (needing help at home, ability to work, funding for therapies etc). The actual compensation for pain, suffering and loss of amenity is very small in comparison to your enormous trauma.

I will say that even with a shit hot lawyer this process is very, very stressful and can take years if the claim is disputed. You may not want to keep dwelling on this episode and having your story and condition challenged.

I wish you all the best and suggest you take a good chunk of time to simply process this part before moving on to the next (if you do).

@Pyewackect Oh my goodness, you're a health professional with the opinion OP should suck it up. Although I feel for medical professionals and what they went through during the pandemic however your lack of empathy for OP is awful.

@Pyewackect you actually sound traumatised yourself. Hopefully you have more empathy in real life.

If you sue and are successful, another woman's cancer will be missed because medical staff will be reluctant to follow up on her ambiguous symptoms.

@Pyewackect - wow I’ve seen some lows on MN but you’ve reached a new depth of nasty

Pyewhacket I’m surprised you’re a health care worker.

Has anything like this happened to you or someone you love? I’d say same as everyone else, try some empathy.

to sue costs money - even with no win no fee because part of the process will entail payment for a specialist consultant to do a report & that will cost thousands & that isn't covered by the solicitors no win/no fee.
My first instinct is to check online to see if this acceptable practice or if someone else has sued (in the UK) for this & won. The second thing is to see if the surgeon or the private hospital has been sued. This will take a lot of detective work & it is draining & your physical health isn't good - You can go to a solicitor who specialises in Medical Negligence (check law society website you will be able to check locality & expertise of solicitor)
I know private hospitals can have a bad rep & because it isn't the NHS it will be more complicated (over 10 years ago the consultant cost £5000 but the case was very obviously a major mistake which another hospital eventually was able to put right)
Does the hospital have a complaints procedure?

@sharksarecool

If you sue and are successful, another woman's cancer will be missed because medical staff will be reluctant to follow up on her ambiguous symptoms.

Highly doubtful. Since this is a private hospital, for one thing - but also it should just ensure that MORE care is taken to make a correct diagnosis before operating.

I could have sued the hospital after it left me with needing surgery and nearly caused the death of my next baby and me.

Needing surgery and having unnecessary surgery are not the same.

I thought about it for about three seconds and decided not to as the fact the saved my first born meant more to be than an operation I shouldn't have had and my next baby and I lived.

But the operation you should not have had was needed when you had it? Unlike OP?

If I was you I'd be grateful I didn't have cancer

This really has to stop. It's ok to be grateful whilst also suffering trauma

As for the bitches on here making remarks - unless you or someone you love has landed up with dramatically worse situation because of a medial negligence
BUTT OFF
you have no idea & any error needs to be followed up because you don't want what happened to you or yours to happen again

@sharksarecool

If you sue and are successful, another woman's cancer will be missed because medical staff will be reluctant to follow up on her ambiguous symptoms.

Yeah, that's not how it works

@Pyewackect I've seen your vile comments on this an other threads. Your job and experiences do not seem to have given you any form of empathy, in fact I find your attitude quite chilling.

One of my best friends is a charge nurse and sounds to have had similar experiences to you during the past year working in Covid icu. The difference between his attitude and yours is phenomenal - he remains a caring, empathetic person, whereas you...

I would hate to be in a position where I was your patient.

@mumwon

to sue costs money - even with no win no fee because part of the process will entail payment for a specialist consultant to do a report & that will cost thousands & that isn't covered by the solicitors no win/no fee. My first instinct is to check online to see if this acceptable practice or if someone else has sued (in the UK) for this & won. The second thing is to see if the surgeon or the private hospital has been sued. This will take a lot of detective work & it is draining & your physical health isn't good - You can go to a solicitor who specialises in Medical Negligence (check law society website you will be able to check locality & expertise of solicitor) I know private hospitals can have a bad rep & because it isn't the NHS it will be more complicated (over 10 years ago the consultant cost £5000 but the case was very obviously a major mistake which another hospital eventually was able to put right) Does the hospital have a complaints procedure?

I didn’t spend a penny of my own money. The losing side will pay costs and if you have a fee agreement with the solicitor it’s all covered.

Why bother checking online to make your own assessment of whether there’s been negligence when there are many highly trained professionals who can advise? They will be brutally honest and only take your case if they believe it will win. They can also change their minds at any point in the proceedings.

Very difficult for you,but if you sue,be prepared to lose,can you cope with that happening?

The Medical Profession is difficult to sue,few people win,usually only in catastrophic circumstances.Doctors always stand together and will usually defend each other to the very end.

If you were to go ahead and lose,which is the likely outcome,you could end up with worse mental health.Think carefully before proceeding.

Op this is harrowing to read especially the utterly unsympathetic responses. I cannot even begin to imagine how you must be feeling, you must be so torn obviously elated that you do not in fact have cancer but then to be mourning the loss of your breast and the last two months of sheer worry and the impact that's had on your children and family too.
Keep pushing for those answers and if you need to Sue don't feel bad about it because only you know how you feel

I had surgery to remove a thyroid lump as they were unable to decide following biopsy whether it was benign or one of two types of thyroid cancer (ruled two out). One of the types was v rare but had extremely poor prognosis (c6 months). I went ahead with the surgery and it was benign. Difference with me is that I wasn’t told I def had cancer, just that I might have, and made the decision myself. In the circumstances you’ve described, I’d def be pushing for full review and all information and if I still felt they were being cagey go legal. And be kind to yourself. It is obviously good to know you don’t have cancer but you’ve been through a traumatic experience with lingering issues and I think anyone would feel angry and betrayed at that xx

This is dreadful, so sorry OP. I think I would be having an open conversation with a specialist solicitor to understand your options. I am not medical but it sounds like something has gone badly wrong.

I voted YABU but l have completely changed my mind. Sending you good wishes and positive thoughts for your recover from this mess.

Did they at any point explain that your diagnosis was ambiguous and the surgery would be erring on the side of caution? If not, and they gave you a solid cancer diagnosis, then it certainly suggests a big cock up somewhere. Could be the surgeon at fault, could be pathology.

I would not contact them again yourself - you don't want to give them any room to wiggle out of things. Go in hard with a medical negligence solicitor. It's not money grabbing when you have incurred cost at the expense of someone's negligence. Even more so when there may be expensive future treatment that you need to fork out for.

If it was genuine human error and they rushed to explain and apologise it would be easier to be forgiving, but you'd still need compensating. This cover-up attitude hints at more of a culture of mistakes that are brushed under the carpet. These things do happen and it's important they are called out to keep medical practice as good as possible and expose any charlatans. It's not about being difficult or pointing fingers - rolling over and being grateful is not actually as humble and helpful as some might think.

Good luck OP!

I would start by getting hold of all notes. I thought we were entitled to our hospital notes etc nowadays.
I would write to your surgeon and copy it to others involved stating that you do not want to involve solicitor but as you are not receiving the explanations you deserve regarding your treatment you will be obliged to take that route.
I think you need explanations and apologies. Any legal procedures are usually slow, frustrating and stressful so avoid if possible - unless the money would be life changing.

I'm so sorry all this happened to you. I expect everyone around you is happy and relieved, and you're left dealing with the fallout.

What you 100% need is answers. I would start with PALS first, then keep going as far as it takes. Suing can be an ordeal in itself, so before you take that step be certain that you are mentally prepared.

I’m so very sorry, what a terrible thing to have happened to you.
Aside from the physical trauma of it all you must be in a state of shock. Lack of transparency by the hospital I’m sure won’t be helping and it sounds as though they are keeping a lot of information from you.
I bet the6 are expecting to hear from a legal team pretty soon.
I’d get a medical negligence solicitor engaged ASAP if I were you, this may be covered by whatever health insurance you have, or even your home insurance if you have legal cover. I’m not sure on that, you’ll need to check.
If nothing else you will get all the answers you need as they will ensure full information is disclosed to you.