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What now - any advice?

User
Posted 14 Apr 2019 at 10:19

Thank you everyone for your comments/opinions, which have got me thinking. I still have a fondness for the NHS as their doctors saved my life in 2009 when I went down with pulmonary embolism following an operation on my foot in a private hospital. Before that, they saved my life when I was a mere 4 years old in 1953, at a time I went down with TB meningitis. This survival led to my deafness.

In my case of the mixup of TRUS biopsy results, it is clear that there is no blame attached to doctors or nurses. Only the Histopatholgy and Radiology departments must take the blame. The SIRI report should pinpoint exactly which of these departments is the culprit - it may be possible that both are to be blamed.  I will definitely sue the NHS and I shall be doing it with some sadness as I have nothing but gratitude for the NHS which has saved my life twice. Once I receive the SIRI report, I will let you know.

Thank you all for your words of encouragement and support,

Regards

Rafael

 

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

User
Posted 15 Apr 2019 at 19:53

Late this morning I received the SIRI report via email - paper one on the way to me in the post. I read the report and I am scratching my head in that the investigation team had failed to pinpoint where and how the biopsy samples got mixed up. It appears that the Histopathology and Radiology departments have somehow avoided being blamed and therefore avoided being reprimanded. The DTTO  investigation team labelled the incident as an occurence with a severity level of 5/5 and made a list of few recommendations to avoid future re-occurrence. It reads something like a whitewash.

Now, the report mentioned that the situation came to light when patient A (the other man) was given my biopsy result, he was advised to return 3 months later for another PSA test because the docs did not understand how he, with a PSA of 41, came out with my result. 3 months later, he was tested and found that his PSA rose to 59. He was then sent for MRI scan and it revealed possible signs of tumours. He was further sent for a template biopsy in March 2018 and this result revealed he had adenocarcinoma Grade Group 3, Gleason 7 (4+3) - exactly the same result that was handed to me! It was from that point the hospital became aware that there might have been a mixup of biopsy samples. Patient A gave blood sample for DNA, which later confirmed a match with his template biopsy samples but not the original TRUS samples taken on 8 December 2017. (It turned out that he had his biopsy at 5.10pm, 20 minutes before mine on the same day!)

The hospital then recalled other patients for DNA samples to discover which patient received the wrong result. They dismissed a good number of men and it was not until late October that the hospital came to me. They noticed a pathoogy report on my prostate gland matching the biopsy report that was wrongly given to Patient A. I gave a blood sample  and from there my DNA matched my samples involved in the mixup.

Patient A was not too badly affected by the situation, according to the report, as his treatment was delayed by only 3 months and there was no significant raise in his cancer. He elected for radiotherapy.

The report turned on me, Patient B. Here is one paragraph from the report.

"Patient B, whose correct biopsy results should have been high grade PIN following biopsy obtained on 8 December 2017, decided to proceed with RP with extended lymph node dissection based on incorrect report finding of prostatic adenocarcinoma Grade Group 3 (Gleason 4+3=7) in 13/17 cores. Patient B did not require surgery and the best alternative option he could have had was to be put on active surveillance, his final pathology low risk prostate cancer Gleason 3+4 and 1% prostate volume."

These are the main bits from the report. Not good enough for me. I am more annoyed about the lack of a letter of apology from the hospital.

Rafael

 

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

User
Posted 15 Apr 2019 at 21:42

😡

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

User
Posted 15 Apr 2019 at 22:38

I know a Report should be factual but that almost seems dismissive. Awful Rafael.

Devonmaid xx

User
Posted 15 Apr 2019 at 23:24

You clearly should get an apology from the hospital, but that probably shouldn't be part of the factual report, as it's not the report's authors who should be apologising. Also, the hospital probably has to wait for the report before it can be sure exactly what happened and apologise.

So hopefully, it's more a case of the you haven't got the apology yet.

User
Posted 16 Apr 2019 at 08:36

Andy,

After calming down, I must say you are absolutely correct that it is not the investigators' part to apologise for the mixup.

I shall be writing to them to point out some faults in the report, especially their seemingly veiled attempt to put some possible contribution to the mixup on me due to possible communication difficulty between myself and the ultrasound operator due to my deafness. This is wrong as there were no communication problems at all. Conversation went smoothly via oral communication as I am a proficient lipreader. I cannot see how that affected the labelling of core pots by the assistant, especially when I noted each label contained at least my name, date of  birth, and hospital number.

Another letter will be addressed to the CEO to formally complain about the mixup which led to my present situation and notify the hospital of my intention to claim for compensation. The hospital website did not specify the exact person to complain to - nor did most websites.

I am getting the ball rolling.

Regards

Rafael

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

User
Posted 16 Apr 2019 at 08:43

Devonmaid

Yes I agree with you. It is also inconclusive and the report failed to pinpoint the cause. The report is also littered with spelling and a few grammatical errors.

At least the report recognise me as a victim of the mixup and this will be something the hospital have to accept and it will play in my favour.

To give you one idea of how professional the SIRI report is, they noted the date of incident as 8 December 2019. I am scratching my head.

Regards

Rafael

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

Edited by member 16 Apr 2019 at 08:46  | Reason: Not specified

User
Posted 17 Apr 2019 at 12:51

Today I have starred the ball rolling. Instead of engaging a solicitor  I am proceeding as "litigation in person".

Hopefully there should be something beneficial this way for both myself and the hospital. If at the end the offer from the hospital turns out to be derisory and unacceptable, then I will bring in the legal heavyweights.

Rafael

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

User
Posted 17 Apr 2019 at 16:25
I believe it’s “Litigant in person”.

Best of luck with your litigation!

Cheers, John.

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.

 
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