Would you sue?

AdamD · 23-03-2005, 23:38

Hope you guys/gals don't mind me posting this here for advice, but i'd like your honest feedback on this situation

My dad got diagnosed with cancer of the prostate over a year ago, he had it removed and all was ok
They take regular blood samples to test for it's presence if it were to ever return and they give it a "count", like 1.5, 2.5, 3.2, etc
My dad's level dropped to 1.5 after the operation, which is very good (cured, basicallay)
It fluctuates after that, sometimes rising, sometimes going lower
Anything from 0-4 is OK
5+ is cause for concern and more tests would need to be done
Roughly 6 months ago, his level shot up to 12.0
They told him the cancer had returned
Now, the problem being, my dad has angina, so he can't have an operation because he probably wouldn't survive
They can't put him on anticancer drugs because his body reacts badly to it
So the only option was to try a new procedure where they freeze it, therefore stopping it from spreading.
A couple of months later, the level shot up again to 22.0 (or thereabouts)
During this time, as you can imagine, it's been extremely stressful and upsetting for him, he basically thought he was going to die
He had to cancel his plans to move to Spain to retire
He was going through a nasty divorce with my step mom and his father had passed away earlier in the year to, plus the fact he had retired and was having to pay a huge mortgage still and couldnt' sell the house because she (step mom) was delaying it on purpose to get more money.
His health went down hill, which we thought was a result of the cancer taking over again..........so much so that he lost alot of weight and looks frail
Today, he went in for a FINAL test (some 6 months on) and was told....
"oops, sorry, we made a mistake, the computer put the decimal point in the wrong place"
So his count went from 1.2, to 2.25, NOT 12.0 to 22.5
Meaning, he HASN'T got cancer.
While that's very good news, the fact he was told he'd got it 6 months ago, had to wait 6 freaking months to be told that it was a mistake and having to go through all that thinking he was going to die, makes me really freaking mad.
Thoughts? :/

**Rob M** · 23-03-2005, 23:44

I know this is difficult but I think you need to concentrate on the positive here.

I know it's going to be hard to do, given the stress that he's been put through, but you need to just focus on the fact that your Dad isn't dying and get on with things from there.

I know that you're only after advice at this stage but it's worth thinking about this: Often mistakes happen because of stretched resources, tired people, inadequate funding etc, it's not always a human thing. The impact that any litigation is likely to have would only compund any problems that they are already having.

Just my thoughts.....

danielf · 23-03-2005, 23:46

Did you dad actually receive this 'freezing treatment'? If so, you might have a case, but largely I tend to agree with what Raistlin said.

AdamD · 23-03-2005, 23:49

Yea I hear what you're saying, no he didn't undergo the treatment
My main concern is the damage to his health that this scare has caused him
He's not the same person he used to be, healthwise.
It's just really sad to see him happy and healthy, then 6 months down the line he's a frail old man

**Rob** · 23-03-2005, 23:49

These days, we seem to be straight down the "what can I get from this" compensation route, rather than, the somebody f*****d up, how can we all learn from this and stop it happening again. Sh*t happens.

I'm sorry for the anguish that you father has sufferred, but as said abov, be glad he is in fact OK. Work with and ask the hospital to check its proceeduires so this can't happen again, but move on.

Compensation claims mean the lawyers win, but your father would still get very little, and ultimately money that could have been spent imporving service so it doesn't happen gets diverted from the health service.

**Rob M** · 23-03-2005, 23:52

Quote:

Originally Posted by AdamD

Yea I hear what you're saying, no he didn't undergo the treatment
My main concern is the damage to his health that this scare has caused him
He's not the same person he used to be, healthwise.
It's just really sad to see him happy and healthy, then 6 months down the line he's a frail old man

I sympathise entirely, hopefully your Dad can rebuild what he has lost with your help and support. I'm sure that the relief he must now be feeling is immense. I'm sure that any legal action taken would be lengthy, involve more tests, and ultimately do your Father more harm than good.

Whatever you decide to do I wish you, and your father, all the best for the future. I hope that you are both able to put this behind you and make the most of the time that you have together.

danielf · 23-03-2005, 23:53

Quote:

Originally Posted by AdamD

Yea I hear what you're saying, no he didn't undergo the treatment
My main concern is the damage to his health that this scare has caused him
He's not the same person he used to be, healthwise.
It's just really sad to see him happy and healthy, then 6 months down the line he's a frail old man

I can see your point. Another consideration however, is what going through a claim procedure and the associated aggrevation would do to your dad. It may not do his health much good either?

AdamD · 23-03-2005, 23:59

Agreed
I know he wouldn't sue, i'm just playing the part of the "angry son"
heh
Just really frustrating
I wonder if this has happened to anyone else?
I know i'll be sending in complaint letters though, at least that might get the issue addressed and hopefully no one else will have to go through what he has.

**Maggy J** · 24-03-2005, 00:01

I think it depends on how many other people have been affected in this way.If there are a few then the department concerned needs tightening up.It could be enough to say you thought of it but reconsidered and you hope that they have made sure that no one else has to go through what your father has suffered.If you write it down asa letter it should be added to the file.

The really bad thing is I bet he never gets a letter of apology because it could be a basis for a legal case..However I suspect that in many similar cases all that the 'victims' would really want is a proper respectful letter of apology.

**Rob M** · 24-03-2005, 00:01

Quote:

Originally Posted by AdamD

Agreed
I know he wouldn't sue, i'm just playing the part of the "angry son"

I haven't got the first idea what you must be feeling right now but I know that I would be thinking along the same lines if I were in your shoes.

Quote:

Originally Posted by AdamD

Just really frustrating
I wonder if this has happened to anyone else?
I know i'll be sending in complaint letters though, at least that might get the issue addressed and hopefully no one else will have to go through what he has.

Sounds like a good positive action to take, some good will most likely come of it.

andygrif · 24-03-2005, 00:11

Sorry to look at this clinically, but you asked a straighforward question, so here's a straighforward answer. No.

Has he lost any money as a result of being mis-diagnosed? If not then I would suggest that you have a legally weaker case, but morally no case at all (IMHO).

Yes it was distressing, yes plans were changed, yes it was broadscale incompetance on behalf of the NHS Trust. But the bottom line is that mistakes happen. You make them, I make them, doctors make them.

However, I do think that such incompetance needs highlighting, therefore you should initiate a high-level inquiry into what went wrong with the board of directors at the trust.

You must demand minute detail of the faliures of care, what remedies they will make and what preventative steps are being instigated as a result of their faliure.

At no time (again IMHO) should you mention compensation, but you should also not say that you are not after some.

You should also consider writing to the press to highlight your dad's case if they do not respond in the favourable.

Personally I'd ride the political bandwagon right now, write a letter to Michael Howard and your dad will be on the telly as an anti-Blair campaign.

AdamD · 24-03-2005, 06:46

Quote:

Originally Posted by andygrif

Personally I'd ride the political bandwagon right now, write a letter to Michael Howard and your dad will be on the telly as an anti-Blair campaign.

Heh, that's so true :P

tick · 24-03-2005, 07:10

Quote:

Originally Posted by AdamD

Agreed
I know he wouldn't sue, i'm just playing the part of the "angry son"
heh
Just really frustrating
I wonder if this has happened to anyone else?
I know i'll be sending in complaint letters though, at least that might get the issue addressed and hopefully no one else will have to go through what he has.

I think you need to write letters.
to all concerned.
it will make you feel better

Chimaera · 24-03-2005, 08:50

I'm a bit surprised that they diagnosed the cancer's return on the blood tests alone - didn't they offer him a scan to check? I don't think I'd be after compensation though, I've seen what it does to people, the strain involved in immense and you really don't get that much out of it, apart from ten times the amount of anguish you started with in the first place. A friend of mine sued our local hospital when an op went wrong, it took years of legal wrangling, she had to travel to the other end of the country for second opinions etc for the prosecution, and when she won (a comparatively modest amount of money compared to what her solicitor said she would get) it really was a hollow victory. And only then did the consultant admit he was in the wrong.
I'd concentrate all my efforts on my Dad now, if I were you, after all, a few months back you were probably thinking he wouldn't still be here now!
Best wishes to all of you and hope he continues his recovery!

**Maggy J** · 24-03-2005, 09:23

Quote:

Originally Posted by Chimaera

I'm a bit surprised that they diagnosed the cancer's return on the blood tests alone - didn't they offer him a scan to check? I don't think I'd be after compensation though, I've seen what it does to people, the strain involved in immense and you really don't get that much out of it, apart from ten times the amount of anguish you started with in the first place. A friend of mine sued our local hospital when an op went wrong, it took years of legal wrangling, she had to travel to the other end of the country for second opinions etc for the prosecution, and when she won (a comparatively modest amount of money compared to what her solicitor said she would get) it really was a hollow victory. And only then did the consultant admit he was in the wrong.
I'd concentrate all my efforts on my Dad now, if I were you, after all, a few months back you were probably thinking he wouldn't still be here now!
Best wishes to all of you and hope he continues his recovery!

I agree with Chim.Your dad has a new lease of life and needs his self confidence building up.Be thankful that they were wrong and that you will have your dad around for much longer than you were expecting.Get him to go and do those things that he always wanted to do but never got around to doing..try to be pleased by the news for your dad's sake...