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What now - any advice?

User
Posted 09 Nov 2019 at 14:11

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 

User
Posted 09 Nov 2019 at 17:50
It would, of course, be immoral for a complainant to pretend that they are more seriously affected than they actually are. However, do make sure to discuss with the psychologist the emotional impact of having to fight for every bit of information relating to your case, putting in SARs, the delay in informing you of your actual biopsy results, etc as well as the emotions of believing that your diagnosis was more serious, that treatment needed to be agreed and completed quickly, the known impact of ED for almost all men who have radical treatment for PCa and then the additional distress at discovering your current ED is totally unnecessary and could have been avoided.

Do these people provide BSL interpreters for your appointments and meetings or are you quite aural?

"Life can only be understood backwards; but it must be lived forwards." Soren Kierkegaard

User
Posted 09 Nov 2019 at 20:31

Rafael

Keep going mate, you will get there.

Thanks Chris

User
Posted 09 Nov 2019 at 21:01
It recently distressed me to hear that 50% of next years NHS budget is immediately spent on complaints and compensation etc , but in your case I’d take every single penny you can get !! You’ve been through a serious serious life-changing event. Don’t let anyone make light of it. Not a man or woman in the room would have a clue what prostate removal does to a person , be it mentally or physically. I don’t think any sum could replace what you’ve lost , so I’d be looking sky high 1/4 million etc. Not even joking !!
User
Posted 09 Nov 2019 at 23:45

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.

User
Posted 09 Nov 2019 at 23:54

Chris J,

I share with you the same sadness about the NHS having to set aside money to pay out damages to people like myself.

I think it all largely boils down to lack of stringent supervision within the various NHS departments. Simple errors can cost millions of pounds. I will not be seeking  to be an instant millionaire - no way, and I do not have that kind of spiteful intent.

I would not wish anyone to be given wrong results and end up in my situation - it is plainly horrible and nightmarish. I thank you for your support and this goes some way to reassure me that I do deserve a bit of compensation.

 

Rafael

 

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

User
Posted 10 Nov 2019 at 03:54
A good dose of Vitamin Sea might relieve some of your pain and anguish😉

https://youtu.be/GaElH0EHjIs

Cheers, John.

User
Posted 10 Nov 2019 at 10:31

Nice of you John to point to Barbados to cheer me up. Thank you 👍 We are flying out to Barbados on the 18th of this month for a long pre-Xmas break. The weather and the climate will do us a world of good to relax and chill out. ☀️😎👍

Rafael

 

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

User
Posted 22 Sep 2021 at 15:56

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.

User
Posted 22 Sep 2021 at 16:16

Rafael.

Glad you have got a resolution after all this time, you certainly deserve it.

Thanks Chris

 

User
Posted 22 Sep 2021 at 17:56

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

Dave

User
Posted 22 Sep 2021 at 19:31
It has taken such a long time and I am pleased that you finally have some resolution. Enjoy that new retirement home!
"Life can only be understood backwards; but it must be lived forwards." Soren Kierkegaard

User
Posted 02 Oct 2021 at 18:47

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

User
Posted 04 Oct 2021 at 10:47

Hi Rafael,

Yes, I’m still very much around, four years after my cancer diagnosis and three and a half years after my prostatectomy by Professor Whocannotbenamedhere.

PSA is still undetectable currently, but PCA is likely to return within ten to fifteen years according to the prognostication Nomograms…The Prof never mentioned that when he said he could cure me!

Am I bovvered?

I lurk around here giving advice on stuff I know about, and if not I keep schtum and read the wise words of others.

I like Barbados, and when I worked on a cruise ship we used to visit Bridgetown every other Wednesday. Straight down to Sandy Lane beach to rent out some jet skis, and then cocktails on the hotel terrace. Barbados was my favourite island until I went to Bermuda (not in the Caribbean) for the first time, pre-pandemic, and it’s fantastic.

Very pleased your medical negligence claim was settled eventually, and hope you settle into your new home quickly after all the trauma of a house move.

We have had seven cruises cancelled in 2020, 2021 and 2022, but we have two booked for next year. Moreover, my mate has just bought a place in Gibraltar, so we are descending on him at Christmas. Could be worse.

Stay well.

Cheers, John.

Edited by member 04 Oct 2021 at 13:30  | Reason: Not specified

 
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