My surgeon has told me I have failed back surgery I think he has ruined my life and I want to sue him
Failed why? What happened?
Hi Peter
Yes what happened? What was the back surgery for? I dont blame you feeling like that
Love
Eileen
Go and see a 'no win, no fee' Personal Injury specialist first to talk through your case.
What surgery did you have?
Why?
Were you advised of the risks and benefits of surgery? I suspect that you were though, as everyone should be advised of this. It should be contained in the surgeon's letter to you following your consultation which discussed surgery.
What then happened for it to now be considered 'failed back surgery'?
Without knowing the facts of your case, whether you have a potentially successful case against your surgeon/hospital (it's usually the NHS Trust hospital who is sued) will depend upon whether the surgeon gave you proper and clear advise as to the pro's and cons of surgery and whether you knowingly accepted the risks or not. To successfully defend potential legal claims, doctors need to be able to point to the advice given and this is often proved in the form of follow-up letters after patient appointments.
I want in for a slipped disc and came out a cripple I thought doctors took away pain instead of making worse 100 fold
I entirely sympathise. However, you will need to establish before the court that the doctors did not properly advise you as to the adverse consequences, should anything go wrong (as it did in your case).
When you say that you're a "cripple", how bad are you? Are you in a wheelchair or "just" in great pain with limited mobility?
Also, have the doctors offered you anything/any treatment to help rectify matters?
I went with pain in my lower back with pain going down my left keg I thought the pain was bad my surgeon said he can't do much for my lower back pain but he could fix the pain in my leg so I said yes to the op felt ok after the op for one day that's when it all kicked off back pain and both legs was absolutely unbearable pain
I had a re slipped disc op no 2 last 3 weeks then back to where I was before just able to walk a few yards that's it they want to put me in pain management I just want to be fixed
Ask if anything can be done to try and rectify things;
Ask specifically why the surgeon now diagnoses it as 'failed back' syndrome;
Specifically ask what evidence the surgeon can point to, to prove that he advised you of all the pros and cons of the operation
You've got 3 years from the date of being advised that you have ''failed back" syndrome to issue any legal proceedings. After that, you become statute barred from suing. Use this time to your advantage (ensuring you don't run out of time).
You seem to only recently have had the operation. Take the Pain Msnagement that they offer to see if it helps. I found that spinal lumbar injections really did help me. Conversely, other people find they don't help. In any event, they're very, very expensive to pay for privately.
Go and see the Personal Injury solicitor for a discussion anyway, now, to talk things through.
The surgeon who did the two surgeries could not wait to get shot of me even though I was still in pain I lost total confidence in him so went to another surgeon he told me I could be fixed but would not do the surgery the was he would not go over a colleagues work so I went to another two surgeons with exactly the same outcome it seams it's a closed shop and they all spoke to each other about my case so much for patent and doctor private conversation
So sorry to hear about your unsuccessful surgery, Peter. I hope your pain lessens soon. I didn't go down the route of surgery due to the fear of it going wrong, so don't know what to expect as far as recovery is concerned, but i know how frustrating it is to get medical help or even any understanding out of the NHS (and i work in a hospital!). I wish you all the best.
I waited 2years to be sure of surgery and then i went private. 13k it cost to ruin my back what a joke. I am now with the NHS and waiting to have jabs. At the moment i am taking oramorph to kill the searing pain down both of my legs the pain the surgeon promised he would fix..I think he just done the surgery for the money
Oh god, that's awful. Have they done another MRI and told you what is happening now?
since the surgery i have been to another five neurosurgeons and i have been told different things that are wrong but could not do the surgery because they wont go over another surgeons work they where all private appointments thats how i come to the NHS the surgeon i am now seeing tells me it cant be fixed thats why i think i have been conned
You could also consider complaining about the surgeon to the G.M.C. (General Medical Council - you can do it on-line), but you would need to show how he was a 'dangerous' surgeon or completely wreckless as regards patient safety in terms of these operations. I tend to think that the G.M.C. are a bit of a self-protective bunch, whether they're supposed to professionally oversee doctors or not, and that they don't usually like finding against one of their own if they don't have to.
Ithink the same its a closed shop i went to get a opinion of a neurosurgeon at a completely different hospital because i lost faith in the surgeon who done the two operations he took a scan told me i had nerve damage so i said to him when can you fix it he said i am not prepared to operate i asked why he said he is a colleage of mine and he had discussed it with the original surgeon i was shocked to say the least
Ah-hah!! The fact that the 2nd surgeon admitted to you that hat he had already spoken to the 1st one, and presumably without your prior authority and consent, is a breach of patient confidentiality and you can certainly complain to the G.M.C. about this 2nd doctor on those grounds alone, if you wanted to. Did you have anyone there with you to hear the 2nd doctor admit this or not? If not, is there a train of emails/correspondence which back up your allegation? If none of the above, I'm expecting the 2nd doctor to now completely deny having said this. However, breaching patient confidentiality is supposed to be serious professional misconduct.
yes i had my wife sittng next to me when he said it one works in one private hospital while the first surgeon works in another private hospital it turns out that they both work for the same trust its a joke i said you spoke to the other surgeon he said i mentioned it
Is it breaching confidentiality to discuss a patient with a fellow medical professional who is taking over that patient's care??