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Medical negligence

31 replies

mrshoho · 09/02/2024 00:38

Currently considering making a claim. Not me but my husband. I'll try to make this brief;

11/22 planned colon resection. Laparoscopic but warned it may convert to full open abdominal which it was and temporary ileostomy formed. Told surgery was more complicated as bowel was disintegrating due to existing crohns disease. Recovery was ok and discharged on morphine for pain.

4 days later 999 blue light to a&e abdominal wound burst and intestines outside. Emergency surgery to washout and reclose. The original surgeon came to the hospital and carried out. 11 day recovery and then discharged. Met surgeon 2 weeks later and advised just unlucky but said wound healing OK and sent on our way to recover. There was some fluid leaking from wound but this was dismissed. No blood tests to check for possible infection.

Less than 2 weeks later emergency a&e from hell. Wound reopened, sepsis etc. 1 month in hospital on antibiotics. During this admission was told there was a problem with enlarged kidney/infection and was prepped for surgery, transferred to another hospital and just as being wheeled down was told surgery was not required as scans showed all ok. Discharged home feeling weak. With an open wound that needed dressing every other day at gp. Extreme back pain on oxycontin. Gp said back pain to be expected and dismissed concerns.

Less than 2 weeks later again readmitted infection markers high, in agony, unable to eat. Scans showed kidney enlarged, antibiotics started. Put on emergency list for op to putvin ureteral stent. 3 days Nil by mouth, spiking temps but no theatre space. Ended up having to have emergency nephrostomy as could be done in radiography. Discovered during this a large urine leak from kidney that formed a urinoma so a second drain was put in this. Discharged after 2 weeks by this stage walking was hard and getting up from bed excruciating due to back spasms. Had to get a toilet frame and also a bed frame installed at home. During this admission was under urology but also input from the original gastro surgical team. A wound vac was put on the surgical wound that was not healing. Wound vac was cared for by district nurses who were not given details of what rate and what dressings. Met surgeon 2 weeks later and discovered wound vav had caused damage making the wound bigger and deeper so immediately taken off and given news that wound would now take at least 9 months to heal by secondary intention. Husband felt so poorly but was told this is normal. He got weaker and weaker and yet again sepsis and an emergency admission. This time remaining in hospital from March to June. Pumped full of antibiotics, daily blood cultures. TPN. Central lines. Severe kidney infections. Nephrostomy replacements. Ureteral stent op. Left bedbound with no physio and had to learn to walk again, to eat again. Terrible neglect that made me realise I had to be there every single day so I was signed off work from December 22 to September 23. My husband left hospital needing to use a wheel chair. Now registered disabled on highest pip for both living and mobility. On universal credit as he hasn't worked since November 22. Still has kidney infections and stent that requires regular op to change it. Suffered another bout of urosepsis 3 weeks ago that required 999 ambulance and emergency op that thankfully was treated promptly and was only inpatient for 2 nights. Its been a living nightmare and he has terrible mental trauma. His colorectal surgeon says due to previous surgery stoma will likely be permanent. Likewise with the ureter damage it would require reconstruction so there is currently no happy ending in sight. I'm sorry this is a rambling mess but writing it down is helping me gather my thoughts. I'm fucked off about what he has gone through. Tbh this is only the half of it as there has been so many mistakes, poor care, neglect.

Thank you if you do read to the end. I'm going to ask for an initial chat with a legal firm but just thought I'd also ask here if anyone had been through anything like this.

OP posts:
Sunriseatsix · 09/02/2024 01:00

I am so sorry to hear all this happened.

Have a chat with AvMA: www.avma.org.uk

mrshoho · 09/02/2024 05:43

Thank you for the link. I'm going to give them a call later.

OP posts:
Iizzyb · 09/02/2024 06:00

I don't work for them so nothing to gain from this recommendation but I Irwin Mitchell are very good for this sort of legal work

Wowzel · 09/02/2024 06:30

Have you already made a complaint to the hospital?
Has there been a patient safety investigation?

It sounds like you have both really suffered.

Piggletta · 09/02/2024 06:52

I think it might be worth pursuing. It sounds like the injury to the ureter could have been diagnosed a bit earlier.

Damage to the ureter is a well recognised complication of bowel surgery - this is not the negligent part - it's how it was managed that is the issue.

The events have had a significant lasting financial and physical impact and you may well have a good case.

mrshoho · 09/02/2024 07:00

@Iizzyb thanks, this is the form I've left my contact details with to make an initial enquiry.

Wowzel, yes during his various admissions I had to get PALS involvement. It has been truly shocking and each time I thought surely now they will ensure he is treated properly. We've never received an explanation as to how his kidney ended up with a hole in it and why it took so long to discover. The original surgeon left the trust shortly after the second operation and the new one has repeatedly said he can't understand because all the bowel surgery was the opposite side to the damaged kidney. Before this I took it for granted that you had surgery and recovered and returned to normal life.

OP posts:
mrshoho · 09/02/2024 07:05

Thank you Pigletta, yes it has been the poorly managed care that has led to so many complications. Due to the set up there are three hospitals that have been involved with two departments, Urology and Colorectal not communicating or working together.

OP posts:
NCfor24 · 09/02/2024 07:11

I had a claim many years ago (and didn't go through a fraction of what your dh has) and it was handled by Irwin Mitchell and they were fabulous. It took a long time though. Maybe 3 years before we got a hearing date and then was settled outside of court at the last minute, which is pretty common practice I believe.

mrshoho · 09/02/2024 07:25

Thanks @NCfor24 . It's reassuring to hear you used IM and that it was settled.

OP posts:
notapizzaeater · 09/02/2024 22:06

Check your house insurance as well, mine covers clinical negligence which unfortunately I'm having to use. Again it's not quick my DH died 3 years ago and we're still sorting paperwork out,

Wowzel · 10/02/2024 13:05

Just so you know, PALS and patient safety are not the same at the hospital. It might be worth contacting them and asking if there is an investigation they have done

mrshoho · 10/02/2024 17:48

notapizzaeater · 09/02/2024 22:06

Check your house insurance as well, mine covers clinical negligence which unfortunately I'm having to use. Again it's not quick my DH died 3 years ago and we're still sorting paperwork out,

I'm so sorry to hear that. I can only imagine how hard that must be. We do have legal expenses added on but when our policy was up for renewal we changed insurers for a more competitive premium. So I don't think it would be possible to use as the negligence happened before this policy commenced.

OP posts:
mrshoho · 10/02/2024 17:58

Thanks @Wowzel I didn't know about the patient safety and have no idea if this was done. We have put in a request for copies of all his records held so will see what comes through.

OP posts:
AsTheyPulledYouOutOfTheOxygenTent · 10/02/2024 18:17

mrshoho · 10/02/2024 17:48

I'm so sorry to hear that. I can only imagine how hard that must be. We do have legal expenses added on but when our policy was up for renewal we changed insurers for a more competitive premium. So I don't think it would be possible to use as the negligence happened before this policy commenced.

If you ring the insurers who you were insured with at the time of the negligence you may well find that you're covered by them for incidents that happened during the period - it depends on the wording. Give them a bell asap.

SpraggleWaggle · 10/02/2024 18:32

Another vote for IM.

AsTheyPulledYouOutOfTheOxygenTent · 10/02/2024 18:37

SpraggleWaggle · 10/02/2024 18:32

Another vote for IM.

There's a fair chance that if you have insurance coverage that your insurers will be using Irwin Mitchell by the way.

HDready · 10/02/2024 18:39

There are much better firms than IM. They just have a very big advertising budget. Where in the country are you?

AnonymousUsername123 · 10/02/2024 18:42

You generally have a year to make a complaint and 3 years to make a claim.
It's difficult to ascertain exactly where along the chain of events any negligence occured so you'll probably want to work with the date of the initial surgery as a starting point. The sooner you begin the investigation the better though.

Just because things were suboptimal and there was a poor outcome does not mean it meets the test for medical negligence, however it sounds like it would be worth speaking to the solicitors to start with and they will begin to investigate and can advise in detail.

It sounds awful for you all!

whenemmafallsinlove · 10/02/2024 20:04

I agree with the last poster. A bad outcome does not necessarily mean negligence. It may mean you are very unlucky.
Each hospital involved will have to be approached with notice of a potential claim. In such a long episode of care there's almost certainly something that's been missed or not done as well as it could be. That's the fallibility of any system.
Instruct solicitors then try and forget about it. It could take years and yield very little. Don't pin too much on it.

Sunflowergirl1 · 11/02/2024 08:26

Sounds like the hospital may have a chronic infection problem. I had a similar issue of surgery and then infection followed. Found out that the hospital was dealing with a chronic infection surge and were trying to do deep cleans etc but not being very successful. I only found out by accident and they admitted it.

mrshoho · 11/02/2024 21:56

Thanks everyone. I had a call today from the legal firm which surprised me that they work on a Sunday. They took all the info and are referring it to their London office for consideration.

We definitely won't be obsessing over it. I did ask how things would stand with ongoing treatment and they advised that the hospitals and medical teams have a duty to continue treatment and care.

OP posts:
AnxiousAlicia · 15/08/2024 10:45

@NCfor24 and @notapizzaeater do you mind my asking - was your claim really stressful or ok? I'm considering embarking upon one but want to be sure my mental health can stand it (Stage 4 cancer patient). Thank you! x

AnxiousAlicia · 15/08/2024 10:48

@mrshoho how did you get on? x

NCfor24 · 15/08/2024 10:57

AnxiousAlicia · 15/08/2024 10:45

@NCfor24 and @notapizzaeater do you mind my asking - was your claim really stressful or ok? I'm considering embarking upon one but want to be sure my mental health can stand it (Stage 4 cancer patient). Thank you! x

Edited

I wouldn't say stressful particularly but it was long and involved a series of appointments with lots of specialists and they were frequently a decent distance away, maybe a 2 hour drive. You have to accept it's a series of meetings and forms, and repeating the situation over and over, and then periods of absolutely nothing happening in between.

AnxiousAlicia · 15/08/2024 11:13

@NCfor24 thank you. Were you able to just park it? I'm not so good at that!

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