Does surgeon have a duty of care to do a check up?

[Daneinuk22]

DH had a back operation last year (discectomy), which he had to pay private for as NHS waitlist was too long and he was in a lot of pain.

After the surgery he had one consultation with the surgeon and a few physio sessions, at the last physio session (around 12 weeks post op) he was still experiencing some back pain, but this was explained as him still recovering and that it would go away.

He’s now 7 months post-op and he’s still having back pain, he’s seeing the surgeon today, which he’s being charged for.

My AIBU - he paid A LOT for the surgery, surely he shouldn’t have to pay for a check up? In my (non-experienced) opinion, the surgery couldn’t have been a success and the surgeon has a duty of care to see my DH for a check up, without charging for this?

I don't think it works like that - the surgery wouldn't have been guaranteed to be successful.

If he has a private appt with a consultant, then he will have to pay for it. It's not part of the original package.

But this is on top of the normal post op process so of course it should be extra. Only issue would be if the surgeon has made a mistake which your post doesn’t suggest is the case

It will have been explained exactly what was included in the initial price, sounds like the op and a few sessions of physio. My DD had similar for a knee op. Follow ups with the consultant were paid for extra to the op, although pretty much expected to be taken up.

I wouldn’t have expected anything other than to be charged for another appointment. It’s not like sending a watch to be repaired or something.

Every operation will start with consent and statements of possible side effects. These will range from death to pain.

Spinal surgeries are notoriously difficult and can leave residual pain. They may offer a nerve blocker, similar to a epidural that lasts months.

He had the follow up appointment included but now has a separate review , for which there is an extra charge. Presumably it was clear fro. The outset what his payments included

I would expect to pay for this.

I've had two hip replacements privately in the last few years. The first one hasn't settled so I'm still paying to see my consultant two and a half years later.

I either pay to see him or accept an outcome I'm not that happy with. Those are the choices, there's no medical incompetence, just that surgical outcomes can vary (my other replacement from a year ago is fine).

Thank you for the replies. It sounds like it’s very much the norm to charge for follow up consultations, I guess DH will just have to suck it up.

In my experience (public and private surgeons), standard duty of care is one consult post surgery. If you then need ongoing care then of course it’s free in public system, but you pay in private. Just the same as if you need further surgery, if private you pay as unless negligence can be proved, surgery is never a guaranteed science so to speak.

Yeah, of course he will have to pay for this. He has received the surgery & after check he had already paid for. Anything additional is separate and when using private healthcare has to be paid for as such.

How long was he told it would take to heal, if it was say 4 months and its now 8 months, your window to bring it up has passed, u less you emailed them and said issues still ongoing

He was told the pain would go away after op [in the ideal situation]. But this is 7 months on, it is probably being seen as a stand alone situation even though it's related to his back.
He would have been warned before hand there was a chance the situation wouldn't be fully resolved if at all. Also a breakdown in costs and what payment would/not cover.

It would be normal for you to pay for a further consultation.

Private you expect to pay. Yabu I'm afraid. I hope your husband back is better soon x

So you think a surgeon should give up their time for all their post op patients forever?

Not only that-they would actually be paying to see your DH, as they have to pay their indemnity insurance, they have to pay the hospital to rent the room they see your DH in, they have to pay their secretary to type the notes, possibly pay a practice manager plus they will be taxed 50% of the fee anyway. YRBVVU

You say the surgeon said in an ideal situation the pain would go away, this means the pain may go away but it may not. Did your DH not understand this?

Usually they say it will get rid of/help with the leg pain but not the back pain
I had a discectomy and laminectomy for cauda equina (herniated L5/S1) and they said it would solve the leg pain but I may still have back pain
I mean I didn't have a choice anyway with the cauda equina!

My surgery package included one check up. I had the op on the Friday morning and he came to see me afterwards, then again the next morning as I stayed in one night. He made appt to see me on the Monday which was the ‘included’ consultation. All after that I’m paying for.

This is private healthcare OP. You pay for it.

I had Lumbar Decompression Surgery recently and I have one follow up consultation which is part of the total cost of the surgery, six weeks after the operation.

When it comes to surgery nothing is guaranteed.

If it's any consolation you may have waited a year or so with the nhs and probably ended up where you are now.

Hope it's better than it was before the op.

I’ve had private surgery, a hysterectomy, and everything has to be paid for. So, yes, I would think it’s right.