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What now - any advice?

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User
Posted 18 Apr 2019 at 16:06

I got a  rapid response from the Claims and Coroners Co-ordinator and my claim will be processed on 29 April when she gets back to work after annual leave.


It seems very simple so far to start making a claim without a solicitor - yeah, so far!


 


Rafael


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

User
Posted 18 Apr 2019 at 18:22
“Coroner’s Co-ordinator” sounds a bit ominous. Hope you are nowhere near meeting him just yet.....😉

The alacrity of their response is impressive. I wonder if they are used to dealing with Solicitors with whom every full-stop and comma in correspondence and every second on the phone is added to the claim the longer it goes on?

Cheers, John.
User
Posted 18 Apr 2019 at 18:30
I'm keeping my fingers crossed for you, Rafael. I hope your claim is handled quickly.

Best wishes,

Chris
User
Posted 18 Apr 2019 at 18:35

Ha, ha - I am not there yet. One thing in the SIRI report interests me. At the end of the report under distribution of copies, it mentioned a copy to Patient (me) and NOK. Does it stand for Next of Kin? If so, whatever has happened to the other patient in the biopsy mixup saga? According to the report at the time of the mixup, he was 59 years old (in December 2017). He can't be gone? Scary, isn't it to think of it.


Rafael


 


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

User
Posted 17 May 2019 at 16:25

I am at present basking in the sun on the white sands of the Playa Poniente in Benidorm. I still have not got a response to that "rapid response" I mentioned the last time.


I shall press for some news once I get back to Old Blighty next Friday 24th.


I looked up in the NHS Resolution website and I understand it takes 3 months before they decide on an offer of compensation. So I'll wait and see.


Rafael


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

User
Posted 17 May 2019 at 16:45
Carry on basking, and soon it will be Barbados rather than Benidorm!

Perhaps they are hoping you will croak before they cough up!

Anyway, enjoy being cancer-free just like me, despite all its drawbacks, thanks to Professor Whocannotbenamedhere.

Cheers, John.
User
Posted 23 May 2019 at 10:09

Tonight (23 May) I am flying home from Benidorm but this morning I got a email from the hospital's Claims and Coroner Co-ordinator. The letter outlined what I need to do (with no advice given, just stating a matter of procedure) and, most important, I have to prove I suffered harm from the mix-up of biopsy samples for compensation to be considered. Harm? Mine is more like a case of trickery due to their devastating mistake... leading to a loss of part of my organs and its consequences.


The Trust is certainly making it difficult and complicated for anyone acting as Litigant in person. I will have to consult a solicitor. I will seek advice from some charity organisations that are knowledgeable in medical claims. Sigh... 


They know they have made a balls up, and yet place the onus on me to prove that I suffered harm... Perry Mason, are you around?


Regards


Rafael


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

User
Posted 23 May 2019 at 18:33

For interest, read


https://www.dailymail.co.uk/health/article-6565381/Man-sues-false-cancer-diagnosis-led-prostate-REMOVED.html


Regards


Rafael


 


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

User
Posted 26 May 2019 at 10:44

Further to my previous posting, here is the latest


https://eu.desmoinesregister.com/story/news/health/2019/04/05/wrong-patient-prostate-cancer-surgery-medical-malpractice-trial-verdic-iowa-clinic-health-care-court/3377004002/


 


Regards


Rafael


 


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

User
Posted 27 May 2019 at 16:01
Unfortunately, medical negligence awards in Britain are nothing like those in America as you know.

My mate (G3+4=7) has just been told by Professor Whocannotbenamedhere that he can remain on AS, as he has been for five years, subject to yet another mpMRI scan and template biopsy.

I think he enjoys his sex life too much to do anything radical, lucky bugger!

Cheers, John.
User
Posted 27 May 2019 at 16:16
It’s also worth noting that the huge payouts awarded by US courts are frequently dramatically reduced on appeal. In the UK, in a similar trial, a jury would decide guilt or innocence, but the judge would decide the compensation amount using pretty much a fixed scale of compensation. The payout depends on how major the lost body part is. Losing a finger will typically get you around £15,000, losing an eye around £50,000, and losing a limb perhaps £100-150,000. I really wouldn’t count on a 6-figure payout for a lost prostate!

All the best,

Chris
User
Posted 27 May 2019 at 16:41

John and Chris,


Thank you for your comments. Firstly let's look at my situation. I received a response from the hospital saying they "do not offer compensation." Fine as all claims are now directed to NHS Resolution. I was told to outline what went wrong and why I am claiming for compensation despite the fact that the hospital is aware of what went wrong. They have not given me a formal apology for its error, leaving the onus on me to do all the work to sue them. In other words, they have put me in an unfair position in spite of the fact they are aware they are at fault.


 Secondly, no one from the hospital advised me to take AS because they said my cancer was too high to be left alone. This, of course, turned out to be untrue because they gave me another man's biopsy results. Had I got my own results, I would have opted for AS, which is currently being advocated by NICE - see https://www.dailymail.co.uk/health/article-7010331/Men-spared-chemotherapy-NHS-adopts-active-surveillance-prostate-cancer-patients.html


Thirdly, because of the hospital's balls-up, I am being lumbered with forking out money for the service of a solicitor. I am being put under stress and disruption and inconvenience is creeping into my life. All these because the NHS does not give a damn when dealing with me.


 I have made a decision not to go through the NHS Litigation system and I have decided to go through the court of law because I do not have any confidence in the impartiality of the NHS. That is my situation and I am determined to pursue it my way.


Regards


Rafael


 


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

Edited by member 27 May 2019 at 17:33  | Reason: Correction.

User
Posted 27 May 2019 at 17:12
Completely understandable, Rafael, and I think your case is absolutely right and clear-cut. I just wanted to set a realistic expectation of the scale of the likely compensation award!

I’m keeping my fingers crossed that the trust will plead guilty and avoid the delay and expense of a trial.

Very best wishes,

Chris
User
Posted 27 May 2019 at 17:32

There are ways one employ the services of a solicitor. 1 - Pay by the hour. 2 - No win, no fee. In the case of 1, it is very expensive and inconvenient. As for 2, they will want the maximum 25% of what I get. Question is - will I be able to claim back the 25% for the solicitors win fee? Hmmm, I am going to raise this question. You  can see the situation the hospital has caused me and yet they just shrug their shoulders.


As for the amount of compensation, it is a well known fact that if you ask for a silly amount such as £5m, you have a good chance of getting £1m. The question here for me is why aim low? The system may have set amount of compensation for loss of certain parts but it is there to be challenged by adding other factors such as loss of money due to legal fees, loss of quality time due to making the claim, stress, inconvenient disruption to flow of life, frustration at loss of normal sexual activities, loss of erection and ejaculation, wife's stress and disappointment, feelings of being deceived, and the list goes on. The NHS has to recognise that my claim is not centred on the loss of just a prostate gland.


I am not making it a pushover for the hospital.


Regards


Rafael


 


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

User
Posted 27 May 2019 at 18:29

Forgot to add this in my previous post.


 


https://www.dailymail.co.uk/health/article-7024917/The-prostate-cancer-conundrum-opt-surgery-risk-nasty-effects.html


 


Rafael


 


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

User
Posted 17 Jul 2019 at 11:35

I thought I'd update the group on my progress so far.


1. I had to use SAR again to obtain my pre-op assessment results which took place exactly 17 days before my operation. The copy of results came to me after just a week. My PSA before the operation was 3.74! Why didn't urology note that and raise the alarm as the PSA is incompatible with the biopsy results which indicated high cancer risk? This is another failure on the part of the hospital.


2. I engaged a firm of solicitors and I have agreed to use that company. Initially I was going to pay them privately but they explained to me it is best to take on a no win, no fee contract. When I pointed out that the 25% success fee would eat into whatever compensation I would get, they agreed that it would. I was pleasantly surprised when they said they would charge me a success fee - fixed at 0%! All I may have to do is to pay an insurance premium to cover any costs/losses. I do not have to pay anything until the conclusion of my case. I am feeling I have got the right company and an excellent deal.


3. I had my PSA results last week - 17 months after my operation. It read <0.1. This is what I expected. I shall be requesting my hospital to discharge me from further unnecessary visits, restricting my PSA tests to only.once annually.


4. For all your interest, my solicitor informed me that there was a similar case to mine which occurred In 2012. The patient was given wrong biopsy results and opted.for RP.  The error was discovered after his operation. The patient sued the hospital. Almost 2 years later in 2014, he was awarded £70,000 in out of court settlement. I now get a picture of my situation. Let's see how I go from there...


Regards


Rafael


 


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

Edited by member 17 Jul 2019 at 18:13  | Reason: Spelling correction

User
Posted 17 Jul 2019 at 11:52
Good luck Rafael - your legal firm sounds great
"Life can only be understood backwards; but it must be lived forwards." Soren Kierkegaard
User
Posted 17 Jul 2019 at 13:12

Good luck Rafael. 

Ido4

User
Posted 17 Jul 2019 at 13:31

Rafael


Hope it all goes smoothly for you ,it is the length of time it takes that always amazes me. 


Thanks Chris

User
Posted 17 Jul 2019 at 16:36
https://youtu.be/GaElH0EHjIs

Best of luck!

Cheers, John
User
Posted 17 Jul 2019 at 18:21

John,


Liked the Youtube showing Barbados. We have already booked to go there in November and April 2020. Same stomping ground.in Holetown. 😁😎


Regards


Rafael


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

User
Posted 08 Oct 2019 at 17:34

Hi. It is not about my legal proceedings and if anyone is interested, the solicitor is still working on it.


I would like to ask if anyone on this PCUK site has experienced similar problem to what I have now. Last week I was prescribed Alprostadil 3mg/mg cream. I was recommended to apply it twice a week. I had a box of 4 applications and I was told to get further supplies via prescription from my GP. I took my prescription to my pharmacist. I was told his supplier does not do them. Then I went to another pharmacist and was also told that their supplier does not do them. I wonder if anyone does provide Alprostadil cream???


I have made an app to see GP next Monday (that is how long it takes). Would Tesco or Boots pharmacies have them? My main question is - is there any restriction on the cream?


Regards


Rafael


 


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

Edited by member 08 Oct 2019 at 17:36  | Reason: Spelling correction

User
Posted 08 Oct 2019 at 17:44
There has always been supply problems with Alprostadil in any of its forms I’m afraid. Most of it is available at online pharmacies but not sure how that would work with prescription. Good luck
User
Posted 08 Oct 2019 at 18:07

Alprostadil is in short supply (Caverinject, Muse, Vitaros).


Alprostadil is a vasodilator which should give you an erection, even without nerves or arousal, and it will last until the drug disperses. Is that what was intended, maybe for penile rehabilitation?


The cream is also known as Vitaros. It is applied to the glans (or sometimes into the urethra opening). It doesn't generate particularly good erections, often not good enough for penetration, but maybe OK for masturbation. The reason is the alprostadil mainly goes into the corpus spongiosum surrounding the ureathra, rather than the main erectile body, the corpus cavernosa. The corpus spongiosum becomes erect to protect the urethra from being squashed flat during ejaculation, and also swells the glans during stimulation. It's a separate blood system from the corpus cavernosa, the main penile erectile bodies, although some will diffuse into the corpus cavernosa.


Even supposing you can get it, you may have to fight with your GP to get more than 4 per month. That's the max they should supply for sex, but you should explain you haven't been prescribed it for sex (at least, that's what I'm presuming), but for penile health, although I must admit I haven't heard of it being prescribed for this before.

Edited by member 08 Oct 2019 at 19:25  | Reason: Not specified

User
Posted 08 Oct 2019 at 19:18

Thanks Chris and Andy. I am both surprised and puzzled about the prescription problems concerning the Vitaros cream. I was prescribed a box of 4 last Monday and I picked up the box from the hospital. Prior to that the doctor informed me to get further prescriptions from my GP. I am scratching my head here as I was given prescription for a further box of 4 only to find it is unobtainable.


The purpose of the prescription was to assist with erection as I am still waiting for it since my operation on 19 Feb 2018!


I will ask around other pharmacies tomorrow and see if Vitaros is available. It may not be any good, but at least I have to give it a go before trying others.


 


Regards


Rafael


 


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

User
Posted 08 Oct 2019 at 19:54

Can you take your GP prescription to the hospital pharmacy?


I would be interested to know how well it works for generating erections. My comments come from a couple of ED urologists, not from personal experience.

User
Posted 08 Oct 2019 at 20:48
Vitaros works well for some men, particularly those for whom the tablets are not enough but the injection is too much. Your pharmacy friends are overly negative.

Unfortunately, none of us are going to be getting much sex for the forseeable future - it seems everything is in short supply right now.
"Life can only be understood backwards; but it must be lived forwards." Soren Kierkegaard
User
Posted 16 Oct 2019 at 00:20

I went back to my pharmacist to recover the prescription form only to find he had posted it off with a pile of other people's prescriptions. I asked if he was going to get paid for not supplying me with Alprostadil cream and he was not pleased with my question, telling me to go back to my GP to sort out the prescription problem.


I finally tried the dose of Alprostadil two days ago and I found the application's plunger hard to control and the cream appeared to be quite thick while I was struggling to open the entrance of the urethra with the other hand. I got my wife to operate the plunger while I controlled the  urethra opening. After 10 mins, I felt a sensation and got an erection which I describe to have a rigidity level of between 3 and 4 out of 5. Not brilliant, but good enough for a first go. I am seeing my GP on Thursday to sort out the prescription issues. As I understand it, a pack of 4 costs the NHS £50-65 and that may be the reason for its scarcity.


On the legal proceedings side, a Letter of Claim has been send off the the NHS Trust and they have been given 14 days to respond. The ball is rolling...


 


Regards


Rafael


 


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

User
Posted 16 Oct 2019 at 07:47

The shortage is worldwide, and due to lack of manufacture of many Alprostadil based products.
The manufacturers have not said why they can't make them.

User
Posted 23 Oct 2019 at 13:08

I have finally obtained the Alprostadil cream via Boots the Chemist! Persistence has paid off.


As for my legal proceedings against the NHS Trust, my solicitor received a letter from them asking about my income and benefits!! What a cheek... I am suing them for beach of duty and care, medical negligence and failure of due diligence - and they ask about my earnings!!


My solicitor assured me that the request is normal so that the Trust can assess my financial loss but my loss is physical and I am also affected in many psychological and traumatic ways, nothing to do with money. I am giving the letter a good think before responding.


Sigh...


Rafael


 


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

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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