Unauthorised procedure question

[Don74]

Hi folks,

I'm having a bit of a dilemma at the moment and decided to see what others feel about this. I'm in the UK if that helps.

The short of it is:

If you went into hospital for planned surgery and awoke to find that an additional procedure had been carried out without your authorisation, would you act upon this?

The full story is as follows:

3 years ago at 41 yrs old I underwent emergency surgery for diverticulitis and a ruptured colon. I was critically ill and informed that "I could die". The surgery carried out by surgeon X was fortunately successful and I was left with a stoma.

2 years after that I decided to have a reversal performed by the same surgeon X. We discussed the reversal in depth and I was aware of the risks. I had also developed 3 hernias and wanted the central abdominal hernia repaired with mesh. Upon the surgeon's advice this was going to be a separate procedure once the reversal had healed as he wanted to avoid cross-contamination which could cause the repair to fail due to the fact the surgery involved the colon.

When I awoke after the reversal I was informed that he had taken the opportunity to perform a hernia repair. This surprised me as it was not planned and I did not give consent for this. He decided to perform a component separation instead of using mesh which required a large flap to be created on my right side.

The reversal went well without complications, but within a week of being discharged I was back in hospital as the 'flap' had formed an abscess and become infected. This required a clean out and I was discharged with a negative pressure wound therapy unit (VAC pump). Recovery from the hernia repair took 4 months and I have been left with nerve damage, severe scarring and disfigurement of my abdomen due to the VAC unit.

11 months later the hernia has reoccurred - during this time I have worn a hernia belt 24/7 (I had become accustomed to wearing this after the first surgery) and I will require further surgery to have it repaired.

Whilst I understand that hernias can reoccur in the majority of cases, I feel that considering I have done everything to avoid this from happening it is possible that there was indeed contamination which caused the repair to fail, or the repair was not properly performed.

My dilemma is that this surgeon saved my life 3 years ago, however his brazen attitude that I had to endure for 3 years has finally pushed it too far.

Following infection after both surgeries he would open the wound up without any anaesthetic and proceed to make jokes about it, telling a nurse I didn't require pain relief as I was a "tough guy". Sticking his fingers inside a fist-sized hole in my belly, tugging and pulling, and showing me the extent by making medical instruments 'clink' together when inserted at opposite ends of the wound.

I endured this and said nothing, but I feel he took it too far with carrying out a procedure that was not planned.

Does this fall into the category of medical negligence? Should I be seeking legal advice about this matter? Without the hernia repair recovery would have been far shorter than the 4 months it took, and having the hernia repair done as a separate procedure could well have had a more successful outcome than it did.

Cheers,

Don

PS. The emergency surgery was required as a GP had initially misdiagnosed me with kidney stones. Right now I feel like I have been let down on all sides, hence the frustration.

[GuyWithGutz]

Without full details it sounds as if your cavalier surgeon overstepped. Along with initial misdiagnosis, a consult with a malpractice attorney will help guide you in future decisions. Suits may take forever; weigh positives vs negatives and have them guide you through your decision. First, get another surgical opinion from a respected institution to see your future options and how past medical decisions and missteps have impacted your life and well-being.

Wishing you the best.

[Goodfella in reply to GuyWithGutz]

Hi Don74. Have you discussed with the Patient Advice and Liaison Service (PALS). You should be able to find officers from PALS in your local hospital. The provide/offer confidential advice, support and information on health-related matters and are an independent point of contact for patients, their families and their carers.

They have been a godsend assisting my father & the family with a grievance we have raised for my father after he entered the hospital to have part of his bowel removed due to cancer, to be told post surgery that he was mis-diagnosed. There was never bowel cancer and he actually has cancer of the colon. He has been left with o colostomy bag that he never needed!

PAL are continuing to press the hospital, who have strict timelines in which they MUST respond to inline with guidelines. We were also advise to engage solicitors, all on the guidance of PAL. I'm sure that you, like us, do not want to see another person\family go through what you have suffered and ensure that process is improved to eradicate this!