Medical Negligence?

[healthkick1973]

Hi all,

Just wondering if anyone has ever heard of someone claiming for medical negligence / misconduct when it comes to endo. Had my first lap on Tuesday to which they found a heavy amount of Endometriosis; not sure of the exact details as I was still under heavy anaesthetic but I imagine my full debrief is soon? Been pushing for a lap for years and been shoved off and misdiagnosed several times: heavy periods, stomach infection, IBS, hormone imbalance, dietary issues, food intolerances and much more. I’ve been made to feel so belittled by all professionals starting from GP all the way up to major surgeon. Literally hours before I was wheeled down for surgery the surgeon asked me “why are you here? All your scans have come back clear so far, so don’t get your hopes up expecting a diagnosis today” ... 3 hours of surgery and 3 additional incisions into my stomach later she came back with her head hanging and confirmed what I knew I had years ago. I burst into tears of joy strangely as it’s actually not all in my head as I’ve been forced to believe and finally, after a hard 6 years of symptoms I am on the right path to sorting my life out.

My dad was the only person who supported me and knew there was something wrong from day one, he took me to the doctors where they put me on the pill and passed away shortly after. Which is why I was wondering if I could claim for negligence and emotional damages? All info and support massively appreciated. Feeling pretty lost xxx

[princessk09]

I’m pretty sure you could as my mum mentioned this a while ago. If I get diagnosed with endo during my lap, she said I could possibly put in a claim. As I got told all sorts of excuses and useless gynaes who told me I was fat. When I’m not 🙄

However I’m not a lawyer but it wouldn’t hurt to maybe ask a professional and see what they say xx

[healthkick1973 in reply to princessk09]

Yeah I agree! I’ve been belittled by medical professionals over and over again to the point where I was lay in the hospital bed about waiting to go down for my lap frantically googling “if it isn’t endo, what is it?” “Medical conditions similar to endometriosis” as I had every symptom of Endo known to man, but had convinced myself I couldn’t possibly have it because not one doctor has spotted it and I’ve had to push and push to take it further. Dreads to think how it could have grown/spread and affected my life if I listened to them and let it be!! Caused so much emotional trauma and stress, affected my relationships at home, severely impacted my mental health and possibly fertility (finding out asap). Surely a medical negligence case?

[princessk09 in reply to healthkick1973]

I would say you have a case, maybe you could contact a few places to see if they think you have a case.

As a result of doctors and gynaes not taking me seriously, my mental health has struggled and my relationships at times. I’m always worrying about if there’s a lot of damage (I’m still waiting for my lap) or what if there’s nothing found and I look crazy

[dawntildusk]

would be interested to know your outcome. i spoke to a solicitor following my first failed lap for removal of stage 4 endo and was told i could only claim if it has changed the future outcome.

[healthkick1973 in reply to dawntildusk]

As in your fertility?

[dawntildusk in reply to healthkick1973]

ive had to have two further surgeries since, the last being a hysterectomy. I was told that because the future outcome is likely to have been the same they havent caused physical harm. i really do sympathise with u because i felt exactly the same. years of being fobbed off and made to feel like it was all in my head. a failed lap due to being operated on by gen gynae when i should have been referred to bsge endo centre as i had stage 4 endometrioma. they didnt find anything so had to have a second lap by specialist. it has taken its toll on me, my family, my job, everything. i woild do what starry suggests below and complain to hospital. thats the only way things will change.

[healthkick1973 in reply to dawntildusk]

I'm sorry, I'm failing to see how you would end with a hysterectomy if you didn't have Endo. Or are you suggesting that with/without a diagnosis, the pain and suffering would have resulted in a hysterectomy anyway; and thus rendering ourselves unable to bare children after this and therefore being the same as being infertile at 20.

Correct me if I'm wrong? Thanks xx

[dawntildusk in reply to healthkick1973]

i did have severe stage 4 endo and was told whether my first op was successful or not it is highly likely i would have needed further surgery, and in view of how severe it is a hysterectomy would also have been likely.

[dawntildusk in reply to healthkick1973]

i already had children so this may also have implications on their decision. maybe if your fertility has been compromised and resulted in you not being able to conceive this would be different??

[Hidden]

AFAIK you have to prove that their failure to diagnose has caused harm, and that can be incredibly difficult. You cannot sue them for emotional distress.

[healthkick1973 in reply to Hidden]

If my fertility has been affected by this disease then yes, their failure to diagnose over a 6 year period has caused harm. Also, why can you not sue for emotional distress? The dismissal from so-called professional medical staff has gotten to the point where I doubted the very pains so excruciating that I wake up vomiting every morning; thinking that it is all in my head as I was made to believe by NHS staff. If that it not emotional trauma I don't know what it. As well as the feelings of being an in-complete woman. Would I be in this much pain if they diagnosed it sooner? Would I feel this low if they believed in me, or wanted to help me as opposed to dismissing me? Much suffering, both mental and physical at the hands of mistreatment and misdiagnosis.

[Hidden in reply to healthkick1973]

But it's a big If. You would have to prove that you were fertile before and aren't now and that earlier diagnosis would have prevented that outcome, which it may not have. I'm not saying that you don't have the right to be angry or that there aren't failings, I'm simply saying that realistically speaking this is very difficult to do, and you can't sue them for emotional distress unless you can prove that this has then caused issues with mental health that can't be attributed to anything else. I first saw a doctor about my period pain at the age of 15 and wasn't diagnosed until I was 38, by which time I had very severe disease and had to have a hysterectomy and oophorectomy, so I do have some idea what it is like to deal with the fallout of horrendous and incompetent treatment. After the hysterectomy and bowel excision they messed up my notes and sent me to the ward with no pain relief (I was supposed to have a PCA) and it took them 2 hours to get a doctor to come and see me. I was told by a GP in 2015 that I didn't have endometriosis because I didn't have the symptoms before being diagnosed with stage 4 plus adenomyosis 9 months later, and this is just the tip of the iceberg in terms of the awful treatment I received. But in order to sue them and win it has to be clear that they've caused permanent harm that can't be attributed to anything else.

[Starry]

Big hugs. Its exactly cases like yours that have led to the new NICE guidelines being published saying that professionals musnt ignore women complaining of endo symptoms.

You should definitely complain to the hospital about the surgeon dismissing and belittling you.

Wrt historic failings, its very natural to feel angry at all the lost opportunities to get diagnosed, I definitely did, particularly at a clueless general gynae I saw 20 years ago.

The challenge is that in the past a lot less was known through research about endo than now and endo symptoms overlap with lots of other conditions so is genuinely difficult to diagnose. It's why we need a non surgical diagnosis test so badly.

I don't really believe litigation is the answer to better treatment myself, it tends to be the lawyers who win, and both clinician and patients who lose, but I really empathise and remember how awful I felt going through this part of the journey. The most important thing is your recovery and health xxxx

[healthkick1973 in reply to Starry]

Hey Starry,

I am struggling with this in my head too, is it the answer? I'm not sure. But if not, what is? For me it goes down to my fertility. As I have been dismissed and mistreated for 6 years, if this has affected my fertility I will be truly devastated and believe litigation may be the only way to ensure this does not happen to other women in the future. All I can say is THANK GOD for this community, because the very first Endometriosis post I came across I knew instantly that I was plagued with this disease. Without this knowledge I would have almost definitely given up, and probably never had gotten the diagnosis that I desperately needed. I was virtually on the edge of sanity, all relationships closets to me beginning to become rocky, my mental state deteriorating, waking, sleeping and eating plagued with thoughts of illness. My question is how long would I have carried on this way with no diagnosis? My presumption is not long at all before doing something drastic and harmful.

Thanks xxxx

[sallyannett]

Yes, and it was a nightmare, my notes, disappeared, there was not legal aid - it it became all consuming and an extra worry - I gave up after 2 years and several thousands wasted (which I didnt have due to loss of earnings from surgery). It does need challenging - desparately - I was told to 'repotty train myself' and offered anti-depressants...turned out, my ovary was the size of a grapefruit and rupturing/hemoragging - which causes incontinence, a lot a pain and your hormones to be shot to buggery...

[rhia0901]

As someone stated earlier, you would have to prove that a delay in diagnosis has itself led to your symptoms becoming worse. The reality is, unfortunately, that as there is no cure for endo, even with a diagnosis, the symptoms and impact of endo are still there. I think it would be very difficult to prove that failure to diagnose alone is the cause of the suffering.

Having said that, I was going to complain to my previous doctors for failure to either diagnose or take my symptoms seriously for 10 years. The only reason I now have a diagnosis is because I moved to another part of the country and changed doctors, and that doctor was excellent. But I realised it wouldn't make any difference- other than making me feel slightly better for a brief moment that I had vented! Let's just hope now the new guidelines have been issued and people are talking about it more, less people will have to wait so long for a diagnosis.