What now - any advice?

I received email from my solicitor and he attached a copy of letter from NHS Resolution representing the hospital I am suing. At long last, they have admitted to breach of duty and will not challenge the fact that the hospital's action caused me to go for an unnecessary operation. They have formally apologised to me for the suffering and damage caused.

However, they want me to go for an assessment  by an independent urologist to ascertain what damage the operation caused me. My solicitor suggested to me that I also undergo a psychiatric assessment to evaluate the psycho-emotional damage caused when I was informed of the error by the hospital. I have agreed to both assessment. I hope it will not be long to get the matter out of the way.

My solicitor did not have to prove breach of duty or causation because it was all covered in the SUI (Serious Untoward Incident) report and this report was referred to NHS Resolution who quickly accepted it and it's contents.

I am hoping my case will be resolved by April 2020 - fingers crossed.

Rafael

He who lives, loves and knows what it means to die - Jiddu Krishnamurti 

Lyn,

The psycho-emotional aspect of my suffering (if it can be called that) is in all reality horrible. Various emotions come into play time after time and at any time of the day: it pursues me relentlessly. Knowing that my decision to opt for a life-saving operation was both worthless and a wrong decision affected me a lot when it was made clear to me that I did not need it because I was given another man's biopsy result by error. There are many times when I cry and I get tormented by the situation. I have been living with it constantly since the error was revealed to me. Another aspect of suffering is having to undergo PFE, penile pump, taking Viagra/Cialis and using Aprostadil cream - all that I do not need to do if I had not been given the wrong results. I keep asking myself why i have to do all that. Physical damage such as loss of erection, loss of ejaculation, loss of length of penis, loss of natural feelings of eroticism while engaged in lovemaking all add further to psychological/emotional turmoil within me. It is the very knowing that I did not need to have an operation that is worse of all - this makes me feel full of remorse even when I know it is not my fault. So much is swirling around me emotionally and it is too much to go into here. I would not wish anyone the situation I am in - it is plainly horrible.

I have written down a list of what affected me for my solicitor and he will take it up. What one misses out is the fact that my wife has been affected by my situation and it has an impact on her and our sex life. But at the end of the day, she is a wonderful woman and her love shines through all of the doom and gloom. I thank God that we met and married. We are closer than ever after 41 years of marriage and even more so since it was made known to us that I did not need the operation.

I am not seeking to milk the NHS but to claim what I think is fair amount of damages for the dreadful error they made. This is in a way unfortunate because I have a fondness and respect for the NHS and it's work. It takes one person and his mistake to damage a life, which is a shame.

Lyn, yes I will have BSL interpreter represented at the assessments. I do not need the interpreter when I meet my solicitor since we both communicate well. I am able to lipread in one-on-one situation.

Rafael

He who lives, loves and knows what it means to die - Jiddu Krishnamurti 

Edited by member 10 Nov 2019 at 12:04  | Reason: Correct spelling.

After a long period of litigation with the Defendant, with severe interruption due to COVID-19 holding up progress, I received a letter from my solicitors this late morning today. In the letter the Defendant offered to settle my case with a six-figure sum! I could not believe eyes when I read it. My solicitor urged me to accept it, but there was no need for him to push me as I have decided to accept it without further ado.

The litigation process was long and tiresome - at times frustrating and despairing, but the end result was great, thanks to that firm of solicitors. I would love to print the company here but I am unsure if I am allowed to name it. I am happy to give the name if anyone in a similar situation like mine is interested.

However, most important of all, this PCUK group has been more than helpful in helping not only everyone who had the misfortune to fall victim to prostate cancer, but those like me who received wrong  biopsy results and underwent a unnecessary operation with  serious consequences. So I wish to thank everyone on this PCUK group for your help, advice and support and you all lifted my spirits and made me determined to take a new outlook on life.

Thank you all - and John, if you are still around, yes there are loadsa trips to Barbados but I have settled for a new house to live in retirement with my wife.

Regards

Rafael

He who lives, loves and knows what it means to die - Jiddu Krishnamurti.

I am glad this has worked out well for you. Litigation is no fun for anyone except the lawyers.

Dave,

I agree but I was pleasantly surprised that my solicitor kept his word and charged me 0% success fee. Also the amount I was asked to repay the solicitors to cover their own loss of expenses in pursuing my litigation was a mere couple of thousands.

It is vital that one does research and pick out the right firm of solicitors, and in that case I was extremely lucky. I hope people will have the same luck that I had.

Regards

Rafael

He who lives, loves and knows what it means to die - Jiddu Krishnamurti

Edited by member 02 Oct 2021 at 18:50  | Reason: Spelling correction