Operation
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- PaddyT
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Operation
HI all
I have a question I'd like to pose.
I was in hospital last month for a relatively minor operation (ulnar nerve decompression).
The procedure was carried out successfully, however instead of having one incision made over the elbow joint I had two because the surgeon got mixed up and made the first cut on the outside of the joint rather than the inside.
This happened despite me having a huge arrow drawn on my arm in black marker pen.
So my question is this. Should I become one of the people I deplore who make a compensation claim against the NHS and the surgeon? I've had so many friends and colleagues encouraging me to do it I'm actually starting to consider it.
My thoughts are it was a genuine mistake by the surgeon which didn't lead to any additional pain for me but I do now have parallel scars either side of the elbow joint.
Your thoughts are appreciated folks as I know most on here will have the same opinion on frivolous compensation claims.
Thanks
Paddy
I have a question I'd like to pose.
I was in hospital last month for a relatively minor operation (ulnar nerve decompression).
The procedure was carried out successfully, however instead of having one incision made over the elbow joint I had two because the surgeon got mixed up and made the first cut on the outside of the joint rather than the inside.
This happened despite me having a huge arrow drawn on my arm in black marker pen.
So my question is this. Should I become one of the people I deplore who make a compensation claim against the NHS and the surgeon? I've had so many friends and colleagues encouraging me to do it I'm actually starting to consider it.
My thoughts are it was a genuine mistake by the surgeon which didn't lead to any additional pain for me but I do now have parallel scars either side of the elbow joint.
Your thoughts are appreciated folks as I know most on here will have the same opinion on frivolous compensation claims.
Thanks
Paddy
"The more you try to make something idiot proof, the more likely someone is to prove you wrong"
- Keith1983
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Re: Operation
Well Paddy,
My view would be to ascertain if this caused you any additional pain, or some form of loss? I would presume no at this stage. This is with my professional, having dealt with lots of claims head on.
My personal opinion is that you have just been treated by someone who has improved your health and or physical capabilities by performing this operation on you with little or no cost to yourself. The surgeon is a human being and is made of the same pink squishy bits as you and I. Have you ever made a mistake? I know I have made many, some of which have drastically influenced the person I am today. Is it fair to expect this person to go an entire lifetime at work without making any mistakes?
I'm not saying that people in high pressure jobs should have carte blanche to make life changing mistakes but I think this is one where common sense should prevail and in my opinion that would mean not pursuing a claim.
My view would be to ascertain if this caused you any additional pain, or some form of loss? I would presume no at this stage. This is with my professional, having dealt with lots of claims head on.
My personal opinion is that you have just been treated by someone who has improved your health and or physical capabilities by performing this operation on you with little or no cost to yourself. The surgeon is a human being and is made of the same pink squishy bits as you and I. Have you ever made a mistake? I know I have made many, some of which have drastically influenced the person I am today. Is it fair to expect this person to go an entire lifetime at work without making any mistakes?
I'm not saying that people in high pressure jobs should have carte blanche to make life changing mistakes but I think this is one where common sense should prevail and in my opinion that would mean not pursuing a claim.
So when the whole world is safe..............what are we going to do then?
- bernicarey
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Re: Operation
I guess it depends on the circumstances, of which only you know the full details. For example, did the surgeon actually come up to you afterwards and say 'I messed up' or is this just what someone else has told you?
For example, when I was in the USA, I had my Gall Bladder removed for Gall Stones. Coincidentally, one of the other people on our team had his removed a couple of months previously, having been taken ill at work and it was done as an emergency for him. We'll call him Mr Clarke.
So there I was meeting the surgeon the week before for the usual pre-op meeting, and he describes how he will be making 4 small incisions to do the Op. I said something like "Oh, Mr Clarke at work had his done last month and told me it was 3 incisions.."
To which the Surgeon replied in a heavy Caribbean accent " You tell dat Mr Clake to stop giving ma secrets away! If I tell you dat it will be 4 incision and you wake up to find it is only 3, you think I am brilliant, but what you gonna think if I tell you it is 3 and you wake up to find 4?" But he was good and it was only 3 . I thought he was a wonderful character as well as a surgeon.
So my point is that you had an arrow to show which elbow it was (I once had to walk around Birmingham City Hospital with an arrow on my forehead before an eye operation ), but was it to actually show where to cut? Is that not down to the surgeon? Perhaps he needed to make 2 cuts for technical reasons?
For example, when I was in the USA, I had my Gall Bladder removed for Gall Stones. Coincidentally, one of the other people on our team had his removed a couple of months previously, having been taken ill at work and it was done as an emergency for him. We'll call him Mr Clarke.
So there I was meeting the surgeon the week before for the usual pre-op meeting, and he describes how he will be making 4 small incisions to do the Op. I said something like "Oh, Mr Clarke at work had his done last month and told me it was 3 incisions.."
To which the Surgeon replied in a heavy Caribbean accent " You tell dat Mr Clake to stop giving ma secrets away! If I tell you dat it will be 4 incision and you wake up to find it is only 3, you think I am brilliant, but what you gonna think if I tell you it is 3 and you wake up to find 4?" But he was good and it was only 3 . I thought he was a wonderful character as well as a surgeon.
So my point is that you had an arrow to show which elbow it was (I once had to walk around Birmingham City Hospital with an arrow on my forehead before an eye operation ), but was it to actually show where to cut? Is that not down to the surgeon? Perhaps he needed to make 2 cuts for technical reasons?
- PaddyT
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Re: Operation
Berni - the surgeon told me face to face there had been a cock up. I was supposed to be second on the list for the day but the person who was in front off me didn't show so I was bumped to the top.
The individual who should have been first was having the procedure done on there right elbow meaning an incision to the left of the joint. I had it done on the left elbow so incision should have been on the right of the joint.
I'd just like to add it's a 99.999% certainty that I won't make any claim because as I said it didn't cause me any additional pain and as Keith pointed out it has actually relieved a lot of discomfort at no cost to me, it was really more an exercise in others opinions.
As Keith rightly pointed out the surgeon is just like the rest of us and we all make mistakes.
The individual who should have been first was having the procedure done on there right elbow meaning an incision to the left of the joint. I had it done on the left elbow so incision should have been on the right of the joint.
I'd just like to add it's a 99.999% certainty that I won't make any claim because as I said it didn't cause me any additional pain and as Keith pointed out it has actually relieved a lot of discomfort at no cost to me, it was really more an exercise in others opinions.
As Keith rightly pointed out the surgeon is just like the rest of us and we all make mistakes.
"The more you try to make something idiot proof, the more likely someone is to prove you wrong"
- jonsi
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Re: Operation
Given the Duty owed, Duty Breached, Loss occurred argument then I really don't see where you've got to go with making a claim anyway. At best I think the Hospital could give you a written explanation of why what was done was done and then IF an apology is forthcoming, it would only be for the inconsequential additional scar (which you cannot prove did, or is likely to, cause you detriment).
Circumstances may have been that an exploratory incision was needed for technical reasons.
My appendix op scar is 6 inches long and runs horizontally because of 'a technical issue' but I too have just the 3 scars after having my gallbladder removed (it inflamed to the size of a Rugby ball :-()
Circumstances may have been that an exploratory incision was needed for technical reasons.
My appendix op scar is 6 inches long and runs horizontally because of 'a technical issue' but I too have just the 3 scars after having my gallbladder removed (it inflamed to the size of a Rugby ball :-()
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- safetygal
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Re: Operation
a lady here at work has had a nightmare, her son (age 3) had an operation to find a testicle and remove cysts from a kidney and they went in and somehow have damaged some tissues because "they made a mistake and couldnt see what they were doing and they were making guesses!" the poor little lad has now had 3 operations and has a catheter and is peeing blood and has to have more operations and it was meant to be one routine operation. grounds to sue in my eyes
me - I had an operation on my knee, keyhole operation - meant to leave two spot scars right? after the operation they came to me and asked if I felt anything during the operation? I said No, why? was I meant to?? they hadnt put the numbing stuff on the knee and although under anaesthetic apparently I sat up and screamed a bloodcurdling scream as they went into the knee - as I sat up I scared the living daylights out of the surgeon and he ripped my skin - I have an incredibly wonky 4 inch scar on my knee BUT I have no pain, I do not rely on my legs to earn money and I have an interesting operation story to tell... so I dont think there are grounds to sue there!
keyhole? - I call it my chubb lock
me - I had an operation on my knee, keyhole operation - meant to leave two spot scars right? after the operation they came to me and asked if I felt anything during the operation? I said No, why? was I meant to?? they hadnt put the numbing stuff on the knee and although under anaesthetic apparently I sat up and screamed a bloodcurdling scream as they went into the knee - as I sat up I scared the living daylights out of the surgeon and he ripped my skin - I have an incredibly wonky 4 inch scar on my knee BUT I have no pain, I do not rely on my legs to earn money and I have an interesting operation story to tell... so I dont think there are grounds to sue there!
keyhole? - I call it my chubb lock
- Mel GT
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Re: Operation
safetygal wrote:apparently I sat up and screamed a bloodcurdling scream as they went into the knee - as I sat up I scared the living daylights out of the surgeon and he ripped my skin keyhole? - I call it my chubb lock
blooming heck....
- safetygal
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- Keith1983
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Re: Operation
safetygal wrote: as I sat up I scared the living daylights out of the surgeon and he ripped my skin
ripped your skin! I think I'd have put a wooden steak through you! Fancy scaring surgeons like that!
So when the whole world is safe..............what are we going to do then?
- safetygal
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