Surgeon from 20 years ago is up on GMC misconduct case + lawyers are pursuing medical negligence claims. I think I'm affected. What next?

[MyPatientsIsWearingThin]

A brief bit of backstory - I had surgery about 20 years ago, as a teenager, for a serious condition. My DF had occupational health insurance, which paid privately, so the normal ethical issues of suing the NHS are a red herring here.

5 years ago I discovered I had an underlying genetic condition which had necessitated the previous surgery, but the lack of diagnosis has caused preventable knock-on health issues, with numerous A&E attendances and at least one surgery. There were enough signs 20 years ago that a diagnosis of the underlying condition would have been possible. Since that diagnosis I've held the opinion that the surgeon was probably rather negligent at the time, but it was water under the bridge / nothing to be done now etc.

Now I've discovered, by accident, that the surgeon who could have diagnosed me 20 years ago is the subject of a GMC misconduct case for medical negligence relating to numerous other patients. Claims include performing over-extensive surgery - which could affect me, I don't know, as no other specialist has looked for that.

Has anyone else been in a similar situation? I would like to talk to one of the law firms circling this case (there's quite a few - Thompsons, Enable Law, Barcan Kirby, Freeths, Penningtons Manches Cooper and possibly others) but have no idea which to talk to, how to choose one, or if talking to one means I can't talk to others later on. I have legal cover through my home insurance but would need to check if it covers medical negligence.

I would highly recommend you get in touch with one of the solicitors named above. If this is a Midlands bases surgeon there are hundreds of patients involved and he is being investigated by police for criminal negligence.

I don’t believe you are limiting your choice of legal firm by having an initial conversation. I would even consider sending a joint email to all the firms involved asking them if they can provide details of how they are working together on these cases.

Did the surgery result in an improvement in whatever problem led to you needing it? If so, then I can’t see that you have a case.

My case would be not about the surgery itself - which was successful.

My case would be about the failure to diagnose the underlying genetic condition, despite the signs being there.

Failure to diagnose that has meant I was unable to access treatment, have had numerous preventable A&E attendances, at least one avoidable surgery, and permanent health effects.

Since I was diagnosed 5 years ago and have received treatment, I've had zero A&E attendances, less pain, and have been able to access monitoring for a potentially fatal complication.

@Sunbites84 Thanks - it wasn't in the Midlands though

I would do this and see who responds/who has the best “service” that sort of thing. I am suing the police and did this, some firms just send templates (off the list), some have a great bedside manner (short listed). You will find one which fits your outlook.

No one can advise you definitively without knowing the full details, so PPs' advice to speak to the various firms involved is good.

From what you say in your OP, I think you may struggle to meet the thresholds for proving negligence, if the actual surgery was performed to an acceptable standard. It may be difficult to prove on the balance of probabilities that the surgeon should have diagnosed you at the time, given that you were not diagnosed till 15 years later, during which time you presumably saw other doctors. I'm not saying that to put you off - as I say, no one can say for sure without reviewing your records. Just don't get your hopes up too much.

It should tell you on your home insurance policy whether you're covered for medical negligence - I suspect not. There might be time limits and unless you have a strong case the insurance probably wouldn't fund it anyway. Home insurance don't usually pay no win, no fee lawyers either although I think you can buy specialist insurance for this. If you pick a no win, no fee lawyer you should ask about this.

I wouldn't usually expect a surgeon to do the diagnosis, they tend to get involved once you know what is wrong.

Agree with @MissLucyEyelesbarrow you need to prove that his failure to diagnose you during that surgery fell below the standard expected of an ordinarily completent surgeon acting with ordinary skill and care. That is to say the condition could and should have been diagnosed by the surgeon at that stage.

Without knowing the ins and outs its hard to say, but in any event the solicitor will instruct an independent expert to advise on what could have been expected of the surgeon at that time. I'd have thought it was quite unusual for a surgeon to diagnose a condition - in my experience they tend to prefer to 'cut to a plan'.

Nowadays they'd be part of a multidisciplinary team which often tend to join the dots with these type of things.

It's great to hear you've been diagnosed now at least. Good luck.

It depends massively on what medical condition we're talking about, but surgeons do do a lot of diagnosis (I'm a doctor). But, 20 years ago, doctors had access to a far smaller range of diagnostic tests than they do now.

The OP is looking back, with the knowledge of the condition she now has, and realising that signs were there at the time of her surgery - and I'm sure she is right. But it doesn't follow that the surgeon was negligent not to make the diagnosis at the time. All diagnoses are obvious in retrospect.

Without really knowing the surgery or condition no one can really advise you. But arguably if it also wasn't picked up on numerous A&E visits and a further surgery then I'm not sure you can say the first surgeon was negligent.

Not just that but that but an ordinarily competent surgeon 20 years ago, with the tests and knowledge available at that time.

Surgeons do diagnose but I suppose their main job is to operate rather than manage genetic conditions. But it also depends if he was approached in the private sector as my daughter needs this surgery or my daughter has this problem.

And this is what solicitors are for. No point anyone speculating here, there could be barn door negligence or it could all be unfortunate circumstances.

@MyPatientsIsWearingThin you won’t know unless you get legal advice. Good luck.

That's fair enough, if the OP gets legal advice on a contingency fee basis or via her insurance but, if she is considering self-funding, she deserves to know that the chances of success may be low.

It’s very hard to prove medical negligence for failure to diagnose some conditions.

dd was 10 years back and forth to the GP with what I now realise was text book coeliac disease symptoms. In fact it was someone on here who said coeliac and then I asked for a test. All those years of being poorly and fobbed off. But it was every GP in the practice!

as for myself I’ve just been diagnosed with a genetic condition which affects your whole body and again I’ve had signs affecting different body systems for over a decade……but nobody looks at you holistically. Numerous GPs, 4 urologists and 3 orthopedic consultants inc one of the best in the country and numerous physios missed it. The orthopedic lot operated and I now realise I didn’t need the surgery. An osteopath diagnosed me within 5 mins of meeting me, now confirmed diagnosis.

It is shit, but not sure I’d be able to Sue. 😁. I think the “bar” is should a competent dr with this information be expected to make the diagnosis and in y case seeing as they all missed it I guess they’d say no! Maybe yours is more clear cut. Sympathies. It’s so shit to know I should have been a lot better years ago.

Why wasn't it diagnosed for 10 years post surgery though if you had lots of medical appointments during that time?

15 years, not 10

The thing is, I didn't have many hospital or GP appointments in that time. After surgery and a check up I was discharged from that clinic.

I had quite a lot of A&E visits, but understandably they only deal with the issue that's immediately in front of them. Each of the instances were explainable by external factors - it was always an external event that brought me to A&E - with a bit of bad luck thrown in. In the beginning it was "that's a bit odd, it's because you're young", then it was a run of bad luck, and eventually an A&E doctor told me to seek referral because of the sheer totality of what had gone wrong with me was just weird. At that point I started googling and joined the dots, later confirmed.

During that time period I rarely saw my GP apart from for the usual stuff - one significant but unrelated complaint, some contraception, a bout of depression and so on. I wasn't seeking a diagnosis because I didn't realise there was a diagnosis to be had - when all around you have put it down to bad luck and weird coincidences, you do too.

I also moved around a lot in my late teens and 20s - 2 countries, and 4 UK cities (and off the top of my head, at least 7 different A&E departments) so there wasn't a great deal of continuity of care, though I don't think that was a critical factor.

It isn't CRPS or similar is it?

Not CRPS or anything along those lines.

I'd prefer not to play 'guess the condition', but it is a clearly definable, well understood, if unusual, physical condition caused by a genetic mutation.

20 years ago I had (and still have) several of the signs of it which are visible to the naked eye during a normal conversation (no need to remove clothes!), another which can be screened for in a couple of minutes with zero equipment, and another 'huh that's weird' thing which had been operated on two years prior.

The disorder was first described in the 1700s, and some of the signs I have have been linked to the disorder since the early 1900s, so this isn't exactly a newly discovered condition.

Just know of people that finally got diagnosed with that after decades of having all the symptoms, being dismissed, major surgery that causes further issues. Medical notes missing...

Would LOVE if some of the specialists were getting struck off!

Yes, but presumably OP is asking for advise as to whether she should pursue. It's worth OP considering these things before deciding if it's going to cost her money, or even stress/time

Indeed; I'm partly looking for advice on whether to pursue, and was also half hoping that someone with a similar case might be able to tell me just how much faff was involved in a class action type case.

It's not something I'd be pursuing if it weren't for the fact that the consultant in question is now up before the GMC for clinical negligence towards multiple other patients, is at risk of being struck off, and the lawyers were circling.

I don't have anywhere near as much information as I'd like about the nature of my consultant's negligence, but his name has been mentioned in the same sentence as Ian Paterson (currently serving 20 years), though I don't believe it's anywhere near as bad as that scandal.

I will respect your preference not to go into the details, and won’t speculate about the condition. But, as a general point, it can’t be that obvious if none of the other doctors noticed it.

Again, not trying to put you off and not saying there wasn’t negligence. I’m just anticipating the response you are likely to get.

Be cautious if solicitors want you to pay for an expert opinion (as opposed to this being part of a contingency fee arrangement).

I'm a medical negligence solicitor. I won't comment on the specifics of your case but am happy to give some pointers about how to find a good firm.

Obviously you'd want a firm which is representing other claimants against the same doctor so that would be your first question.

At the very least, they should have experience of handling claims involving the same medical condition.

It's likely they'll all fund the case with a conditional fee agreement. Ask them about the success fee and ATE premium, both of which will be deducted from any damages if you win. Ask about any other deductions. Will you be expected to pay the shortfall in costs not recovered from the defendant?

These claims stand and fall by the quality of the expert evidence. Ask how they select their experts. Do they have their own panel or use medico-legal agencies?

Check out the firms and individual lawyers in Chambers & Partners and the Legal 500. Most firms are on TrustPilot or similar.

I hope that's useful information. If you want to know anything else, for example about the process, feel free to drop me a DM.