RobJenks

My son in law had a benign tumour removed from his right lung in 2007.
He has suffered a number of health issues -pneumonia every year since the operation.
His condition worsened a month ago and tests have now confirmed sutures remain inside his lung from the operation.
He now has to be opened up again to rectify the problem.
I see this as a case for compensation, pain and suffering loss of income etc
Would such a claim be successful do you think ?

zip106

If the sutures weren't meant to be in there or the wrong ones (dissolving) used, then I can't see why a claim for negligence can't be ruled out.

The only thing is if it's a definite that they are causing the problems - 3,4 years later?

Perhaps a 2nd or even 3rd medical opinion needed regards them being the cause?

scoobyd00999

iTrader: (1)

Get a second opinion but if you do go down that road be prepared for along drawn out fight.Most NHS hospitals will throw everything at it not to pay.
Not sure if one of these "NO WIN NO FEE" companies will take the case on?
Sometimes families can get so wrapped up in trying to win,that it ends up affecting everybodies health

The Zohan

YHPM

Dingdongler

There is no way near enough information in your post to decide whether the surgeon/hospital have been negligent.

I do find it interesting though that your first response is to consider whether there is compensation to be had rather than really take some time to understand what has happened.

Butty

iTrader: (2)

Dunno - can you set up a poll for us to decide the next action?

RobJenks

Cause and effect .

Cause - Sutures that should have been removed /dissolved in his lung. Confirmed by third party surgeon.

Effect - chronic lung infections and pneumonia over 4 year period as a result of "cause". Another intrusive operation to remove sutures and repair any damage to lung .
Significant convalescence .

Compensation - Pain and suffering . Loss of earnings ( He is self employed )

Simple really Do you understand now ?

JackClark

He's alive due to the surgery, fight the case if you must then give the cash you receive to the hospital to help save more lives, don't forget to chip in a bit for their legal costs. The compo you win could mean one less operation.

Fat Boy

He's self employed - so fine if he's so wealthy that he can do that but it's a big assumption.

brownstain85

When I had my op I had to sign something to say if anything went wrong I cldnt sue the hospital, every one makes mistakes, unless it causes a death/disability why take money out of something that's on it's *** anyway and can't afford a new machine for Baby's wings? He needed the op, had it and is still alive because of it,

Dingdongler

No I don't actually. If you think the human body and the practice of surgery/medicine is so simple that in can be summarised like that you are on a different planet.

Further to that, asking people whether they think your legal action would be successful based on a few lines written on the internet shows that you have absolutely no comprehension of what is going on.

You think it is simple because you know no better. Sorry, but for a man with grown up children your understanding of the world is shockingly ignorant.

Leslie

I think it is a pity to see the suing culture rear its head against someone who would have been working in the best interests of the patient.

JackClark put it well, but I think that actually suing the surgical team is a step too far.

Les

Midlife......

iTrader: (2)

If there has been an examination by a third party surgeon saying that the original surgeon had been negligent and his treatment / management failed the Bolam Test then you don't really need to post on here as your question has been already answered.

Shaun

astraboy

Possibly, but just because you could, it doesn't necessarily follow that you should.

I had my appendix out in January 2000. The sent me home initially, then admitted me after I collapsed in the night.

They tested me and tested me for everything, but couldn't find out what was wrong with me. They didn't want to take out my appendix out because they said nine times out of ten they open people up and it isn't appendicitis. Left me in agony for 4 days while they farted about and eventually decided it was appendicitis and sliced me open. Just as well as I was 48 hours from death and down to 9 1/2 stone.

However, when they discharged me, I made the point of shaking each of their hands. Whether they took their time about it is besides the point. They saved my life. I could have easily sued them and I might have won, but would I have been able to look at myself in the mirror of a morning knowing that my only reaction to someone saving my life was for me to litigate?

Personally I wouldn't have been able to do it. But this entire thing hinges around what sort of morals you have.
astraboy.

Dingdongler

Thank god there are still some sensible people on this forum
If a surgeon has truely been negligent then action should be taken, mainly to ensure he is not serially underperforming and harming others.

The op gives hardly any information on what is probably a very complex issue and seems to think that real conclusions can be drawn.

gallois

it comes down to this. surgeons are paid serious money to do their jobs, and they are expected to be competent at their jobs, you simply cannot forgive a surgeon who is negligent because he 'had a go', and why ANYONE would think otherwise is absurd. Just because they are trying to help you personally does not mean you should be grateful if they **** it up.

Would you forgive your mechanic who failed to torque your wheel nuts? Or your local plumber who overlooked a carbon monoxide leak?

scud8

iTrader: (1)

Presumably the sutures were meant to be left inside him after the operation (would there be any point in putting them in while they had him open and removing them before they closed him up again?). Are they definitely non-absorbable, or is there some more subtle reason why they haven't been absorbed?

If you had said they left a surgical instrument or swabs inside him that would suggest negligence, but sutures?

gallois

perhaps the negligence belongs with the supplier of the suture material? maybe the were meant to dissolve?

astraboy

Appreciated, however, the crucial point here is if a plumber overlooks a carbon monoxide leak or a mechanic who fails to torque a wheel nut, Those actions rarely leads to your life getting saved.

Bottom live is I am still breathing because of the actions of a group of men. Okay they took their time, but the end product is I owe them my life. Sue them? No chance. That would make me an ungrateful, whining, money grabbing nancy boy with no backbone and even fewer morals.
astraboy.

gallois

Don't get me wrong, my oldest boy when he was 3 had to be resuscitated twice whilst in intensive care due to autoimmune haemolytic anaemia mis-diagnosed as hepatitis by the GP, we took him to hospital and his life was literally saved by Dr Emma Philmore, (14 years ago, and i can replay this day like a recording in my mind) his live was saved by her and her alone, and for that i owe her MY life, her team ensured a full recovery, so i know where you are coming from, HAD it gone the other way (and it could have gone either way) then the GP would have been negligent, and we most likely would have pursued it, but in the context of things afterwards, it was an insignificant thing to do, so we just thank god for giving us Dr Philmore that day.

astraboy

Stop whining for gods sake. Be British about it
astraboy.

Dingdongler

No, not necessarily. It all depends on what symptoms the GP was faced with and what steps they took. Many serious illnesses present with nondescript symptoms. Just think of all the children who present with a fever everyday and then how you decide which just has a minor bug and which one maybe at the early stages of meningitis.

These things may seem all very straightforward but they are not. Doctors do under perform and they need to be dealt with but many people are very quick to put 2 and 2 together and make 5.

gallois

astraboy- why not just say i am missing the point? (or agreeing with your point of view) why the graphic display, is that an attempt to humiliate me? TBH, if that's your level, you can go and **** yourself.

RobJenks

The point of the OP was an opinion on "is there a case to answer" - That's all.

Most comments have been objective and worth consideration , you on the other hand have resorted to insulting remarks.

What is the difference re: culpability of a surgeon , accountant , lawyer or a bank (WHICH YOU HAVE PREVIOUSLY RAISED )

You sir are a hypocrite !

Dingdongler

I really can't be bothered to try and explain it to you, if you think any opinion given here based on the paucity of fact presented is worth anything you are way off the mark.

Btw, when did I talk about the culpability of a bank?

thesyn

The medical profession are perhaps oversensitive when it comes to talk of litigation.

To the OP consider that the original operation to remove a (now known to be benign) growth in the lung was neccessary ie could have been a rare cancer.

I am trying to think of a good analogy but essentially your SIL had a lot riding on the result of the operation as no-one would consider opening a chest unless there was a good enough reason.

Perhaps as the tumour was removed there was a malformation of the blood supply to it which could not have been forseen. This was cut and your SIL was suddenly bleeding to death, in that instance the surgeon had to act to save his life by putting a big strong suture around the bleeding vessel. If it were me I would want a none dissolvable suture which would not disappear in a few months and allow the vessel to possibly bleed again.

The point really is that illnesses are things that just happen to people, doctors are just other people who try to help you.

The human body is extremely complex and variable, very often unexpected or unpredictable things occur.

The fact that a person is not returned to perfect health following an operation does not mean that someone is to blame.

I would suggest talking to the original surgeon and discovering the facts. Only then consider litigation

Midlife......

iTrader: (2)

thesyn

Just curious what you do for a living


Shaun

thesyn

GP

astraboy

Congratulations on restraining yourself from accusing those suing left right and centre of being materialistic blood sucking weasels.
Even though they are.
astraboy.

MMT WRX

In 2000 I suffered for a few months with stomach pains various hospital tests failed to identify the cause of. One Saturday I was in that much pain I went to the emergency doctors and after examination was told. You think its your appendix don't you, well I dont. (I didn't think anything tbh). So you can go to the hospital now, but nobody will be there that can see you and you'll have to wait around all day to be seen or I can write you a letter for you to go on Monday to see a Dr straight away. He was quite miffed when I said I felt I should go straight away.
Within a couple of hours I was having emergency surgery for a burst appendix, peritonitis and remove a section of my bowel. I then had to have further surgery three days later to remove another section of my bowel. I then spent a month in ICU being fed via a tube into my neck and was only allowed the smallest sip of water every 2 hrs. After 3 weeks in ICU I got an infection where the tube in my neck was. It was quite a bad time in which I was bought back from deaths door on two occasions.
I had people around me suggesting I should claim because the first operation failed and/or because the emergency Dr didn't diagnose and action properly. I listened but decided to wait and see how I felt when I was fully fit again which was three months later. Whilst I could understand some of the things people were saying, I couldn't get past the fact that I should be dead now was it not for Surgeons, Dr's and nurses care.
However, I think it is more difficult for friends and family to understand and forget. Some of mine still ask why I didn't claim for negligence.
I don't think they are materialistic, or blood sucking weasels, I just don't think they have felt the grief and pain and relief of being at deaths door. Maybe, I dont know, you're being a tad unfair name calling when these people have obviously been through a very difficult time.