should I seek compensation for not been told about complications of surgery?

I had lower bowel cancer and needed an APER to remove the rectum to be left with a permanent colostomy. At no point before the operation I was given advice or information regarding other complications of this surgery i.e. impotency, retrograde ejaculation, along with urine expulsion at the time of orgasm, & yes even with a flaccid penis. Not to mention the loss of feeling of wanting to urinate and the relief feeling whilst voiding and knowing when finished urinating resulting with some dribble incontinence. Together with not been offered the choice of hospitals where the surgery was to be performed. (Dec 2009)

The question being do I have a leg to stand on if I wanted to sue for this lack of informed consent and therefore I could of influenced my post op quality of life by choosing a more intelligible hospital e.g. St Marks if I had known I had a right to choose. Not only this surely this is against my ethical & moral human rights that someone could make this decision for me knowing the high risk factors of this operation? I also wonder should I have a solicitor present when I am to have a meeting with one of the surgeons who operated on me over 2 years ago? He has already admitted in writing that I should have been given this information prior to my surgery. (Unsure if this was also the GPs responsibility but I believe he was only responsible for the right to choose)

Please all & any comments as I am slowly trying to claw my way out of depression to fight this & I get over whelmed when just trying to approach the subject

Huge thanks to anyone with any knowledge of this as I am also in touch with Pals.

4 Replies

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  • There are solicitors who deal with medical negligence cases, but of course they cost! Now some solicitors have got on the "no win, no fee" band wagon, so maybe this could be your answer? Good luck.

  • Hello Yorkshirelass

    Yes I agree there are no win no fee solicitors but I believe if things do not go your way then you are still liable for some money outlay. Some firms are better than others, I have already tested the water with one solicitor to see where I stand but I need a dead cert. At the end of all this, not only do I want the health professionals to realise their errors but what I have been through so far and will have to for the rest of my life along with my family I am wanting some compensation recognition. And I do not mean just an appology as you would be suprised just how many appolgies I have received when solicitors are mentioned! but its not helping my situation now. Anyway I appreciate your answer. Thanks

    Imadie

  • Hello, In choosing a solicitor for a no win no fee claim, you certainly have to be carefull! There are lots of solicitors now doing this and if you choose to go down this route, please contact many and find out the ALL the facts. If you choose wrongly, and lose the claim, you can be liable for all the other sides costs, which can be substantial. One way to get around this, is to take out an insurance policy via the solicitor, which pays the costs, should you lose.

    I would urge you to consider carefuly about taking this route. It can take years to have an outcome. During this time it entails much stress, both for you and the family.

    My husband did this after having a motoring accident and it was 6 years before it came to an end. He made a claim against the other party, via a solicitor, but it wasn't no win no fee! The stress of all those years was a factor of our marriage ending after 40+ years. If he lost we would have had to sell our house to pay the costs, and then somehow find the money to rent somewhere. It got to 3 days before it went to court and the other side made a settlement out of court, but the money meant nothing to me and in no way compensated for the damage done to our relationship. In the end, he gave the money away.

    I really can appreciate your feelings with what you have gone through and hope you are trying to find any medical intervention in finding if there is a remedy which may help. My best wishes.

  • Hello again, I appreciate your reply and thank you for the advice which I have taken on board. The stress factors have already kicked in with depression & my near suicide, together with questioning my 27 year long marriage. However we are all still here but I am losing the will to fight on as I get overwhelmed easily now. So we shall have to wait & see how things turn out and as you say be prepared for a long wait.

    Kindest regards Imadie