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What now - any advice?

User
Posted 17 Apr 2019 at 16:58

Hi John, You're correct. I typed it in haste as my missus was waiting for me to go out with her. Thanks for the Good Luck wish and I am keeping my fingers crossed.

The hospital should respond within 3 days.

 

Rafael.

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

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 

 
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