Medical negligence

[Sweechillysauce]

Hi, I had an ankle injury and my peroneal nerve got cut during surgery three years ago. It took the NHS 18 months to notice this despite my continous complaints about numbness in my lower foot. They only believed me when I felt a lump growing and they sent me for an ultrasound which confirmed a neuroma growing approximately 10cm above my ankle. I complained and the nhs has admitted that the nerve was cut by the surgeon during surgery. I had sought to make a claim through my own personal injury insurance which covers for these types of accidents. However, the issue I am having is that the Independent Medical expert that I met seem to think that I have minimal loss of function because my range of motion is fine. I am very disappointed by this because the issue I have is nothing to do with my range of motion in my foot but it's to do with chronic pain caused by the nerve pain and numbness. I am a lone parent and have to do all the running around for my 2 young ones but in the midst of doing this I endure dreadful and unimaginable chronic pain within which I try my best for no one to notice at times. I have since lost my employment contract due to the amount of time off work. I still have
operations and referral in place and receiving pain management care. The neuroma is due to be removed soon but I have been told there is high risk of it growing back and my foot will remain numb. My life has been highly impacted by this injury emotionally, physically, and financially. I am reluctant to pursue for medical negligence and I am told that I cannot claim for it because I signed a consent form before the surgery which states that nerve injury is likely to happen. I am told that in emergency this happens. However, my surgery was not quite an emergency as it took place three days after the actual accident since they were awaiting the metal fixation to carry out the operation. Can anyone offer any advice, information or similar experience and what did they do to sort their situation out? I am out of my depth as my mental health has been impacted by the sudden changes this injury has caused to me and my family.

[clipclop5]

To start with OP, I really do sympathise with the chronic pain - it puts such a strain on every aspect of your life and you have every right to be frustrated at what happened. However, since you signed consent covering all of the possible risks (as does anyone having surgery) I very much doubt from a legal perspective that there is much you could gain. If you feel it could be of benefit then I’d maybe look at requesting a second opinion from a different surgeon, if it were me in your shoes I’m not sure I’d want the same surgeon who made the error to operate on me again