Public Hospital Elective Laparoscopic Surgery Caused Patient Permanently Disabled

tooblue on 11/04/2024 - 13:39
Last edited 11/04/2024 - 14:04

A close family member had a minor surgery in March in Qld. As was explained in the pre-operation interview, this is a low risk, minor procedure and most patients were discharged on the day or next day. However, it's been for six weeks, and he hasn't been able to move his right leg since, which was never expected for such procedure.

Shortly after the procedure, the surgery hospital transferred him to another hospital for rehabilitation, "likely to self-resolve in weeks to short months", "mobility is continuing to improve" are in the discharge summary. Latest meeting with the rehabilitation hospital confirmed mobility did not improve at all after physiotherapy for weeks, and neuro conduction testing also confirmed nerve was severely damaged and unlikely to recover.

Now the rehabilitation hospital wants to discharge him as staying in the hospital won't improve his situation. The surgery hospital already washed their hands and never showed up or communicated with the patient.

This is a really sad and difficult situation for the old couple as he's been taking care of his disabled wife, and he was very active in all outdoor activities. Now both will have to live in wheelchairs for the rest of their lives and need 24-hour care. They are living off the carer payment without pension. I will take care of them as much as can but I have my own family and full-time job.

As their only closed family member in Australia, I don't know what to do to help them. I called Legal Aid Qld but they don't do medical cases and referred me to health ombudsman. If it does have to go through legal avenue, isn't it like a tiny patient vs. the giant government.

I am seeking any advice from the forum and if you are an expert in this area, please PM me.

  • What are the standard procedures for such situation?
  • Does OHO's complaint process cover this case? e.g., claiming compensation.
  • What can the patient do at the moment? How to collect evidence when all the reports and documents are provided by the hospitals? Right to Information?
  • Should the patient agree to be discharged? Then he will bear all the physical and mental suffering as well as the financial cost.
Health & Beauty

Comments

  • Fredfloresjr on 11/04/2024 - 14:13
    +2

    Pre-op consent form has been signed before the surgery? If yes, he agreed and accepted that there is/are risks associated. Otherwise, current affair.

    • ThithLord on 11/04/2024 - 14:16

      Why bother with ACA? Go str8 to the top. Blast them on Facebook, that'll get it all abuzz

    • garetz on 11/04/2024 - 18:33
      +6

      Even if you agree to the risks, if there is negligence involved, then it becomes an entirely different matter.

      • Fredfloresjr on 11/04/2024 - 20:07
        +1

        To prove negligence, you must prove there is a breach with the duty of care. With OPs relative case, it will be very hard to prove because one of the risk associated to laparoscopic surgery is blood clot to legs. Which I think what happened.

        Was a surgery/theater Nurse for several years before moving to aged care.

        But yeah, like I said on my comment. Current affair, or the very best solicitor.

        • Minimum chips on 12/04/2024 - 08:19

          I know we're getting off topic, but why that switch? I reckon theatre roles are the best job in nursing.

    • CheapskateQueen on 11/04/2024 - 22:17

      you say that, and yes it's true, you sign a form.

      but the way doctors talk about laparoscopy is like it's barely a surgery at all. "just a few tiny cuts here and here, a few millimetres long. you'll be home by 5pm" so it's pretty hard to envision becoming disabled as a result.

      sorry for such horrific circumstances OP. I guess you be to talk to original hospital for what they think the cause is? Sueing doctors is definitely difficult but if they really (profanity) up, then there's medical negligence claims for a reason. Some law firms do "no win, no fee". you still have to pay for expenses like medical reports so it's not totally free, but if they take your case on, it's a good sign

  • Garry044 on 11/04/2024 - 14:18

    Sorry to hear of your experience @tooblue - that's a very difficult time for any family. I would recommend reaching out to the surgeon and the operating hospital to discuss the prognosis and next steps, and understand what was provided in terms of risk assessments and beyond. It may be that this was a known risk and they can connect with care options etc, or it may be that there was an unforeseen complication.

    I would also encourage you to reach out to a medical lawyer (many law firms offer free initial consultations, even if it isn't taken on as a case; or may proceed to a no-win/no-fee arrangement). They are best placed to help with options and next steps - including understanding if there is any grounds to seek compensation from the surgeon or hospital in terms of negligence etc.

  • JuanLove on 11/04/2024 - 14:27
    +20

    Hey mate,

    Sorry that this has happened to your family member.

    I'm not an expert or lawyer, but I am a doctor. Re your dot points:

    Standard process would be to complain to the hospital. Your complaint pertains to an injury suffered during the operation and the financial and emotional burden of the injury. They will investigate. If unhappy with the result, you can escalate within the hospital channels. I would google the hospital feedback mechanism and submit your complaint there.
    Alternatively, seek legal advice. I would pay for a consultation with a lawyer who will likely take the case based on what you have said. They will take a massive cut of the settlement/damages as payment, so you don't need to worry about that. You may want to hire a no-win, no-fee lawyer. The catch is they only take cases likely to win, which they will advise you on.

    The health ombudsman will seek improvements in the healthcare system, not grant you compensation. So, if the doctor performing the operation was too junior or not trained, then how did that happen, what rules would prevent it from happening again, etc.?

    Keep all of the documents and discharge summary. You can request notes, but you can do it through a lawyer if you're going down that route. If they gave you any documents during the preop stages, keep these. Particularly anything regarding consent/risks and particularly if this wasn't mentioned as a possibilty/risk. If you weren't told of this risk - a key question: Would you have said yes to the procedure if you had known that this was a possibility/risk? If they didn't mention this risk - did they know that the patient was the sole carer for a wheelchair-bound partner? Ie - this complication, which you may not mention to everyone, would have a particularly large impact on this patient given their home and family situation. Perhaps it should have been mentioned to this particular patient even if it is accepted that you do not need to disclose this risk regularly to most patients. Also a quick diary on the pre op stages, how many pre op appointments, what was said, immediate preop discussion, when/how (or maybe never) was the complication disclosed, what did they say had happened, what remedy/treatment did they offer, what aftercare was provided, were second opinions sought, is there an appropriate clinician managing the complication

    Be clear with what you want and what "refusing discharge" would do to help your cause. If you need more rehab, then stay. If you are unhappy and want compensation - that is not a reason to "refuse discharge". The rehab will need to make home safe. They will send occupational therapists out and ensure everything at home is accessible. It is not the rehabs fault that this has happened, and even if it was, remaining an inpatient will not lead to compensation.

    • iCandy on 12/04/2024 - 09:02

      I am not a lawyer but have previously worked in a no win no fee law firm. They probably won’t take this case on as the damages payable aren’t high and therefore won’t cover their fees and barristers fees etc. The highest component of personal injury cases like these is the amount of money the patient will lose from not working and/or not being able to work as long as if they hadn’t sustained the injury. The fact this is an elderly man means neither of these factors will be involved.

  • AustriaBargain on 11/04/2024 - 14:35

    Was a mistake made? Or is this one of the possible expected outcomes of the surgery. A doctor who knows these answers, or how to find out, should be managing their care you'd think. You can bet if you ever go to a compensation lawyer they will want to speak to that doctor and if there is no such doctor to speak to they may not be willing to spend their own money on doctors for you.

  • djsweet on 11/04/2024 - 15:08
    +3

    Low risk doesn't mean no risk. Your relative could be the 1 in 10000 person who has an adverse recovery outcome.
    In my experience hospitals are VERY cautious to ensure that the risks (however low) are explained.

    • CheapskateQueen on 11/04/2024 - 22:21

      mm, in my experience there's often a huge difference between the exclusions they put in writing, and the way the surgeons/anaesthetist discuss it with you

      • djsweet on 11/04/2024 - 22:25
        +1

        exclusions? Do you mean risks?
        Every surgery has risks. Every time you cut the skin you introduce a risk of infection. It may be very low, but you could get a fatal infection. Just because a risk is very low doesn't mean it won't happen. In fact it WILL happen - to somebody. And that somebody could be you.

        I guess our experiences are different. But I've found most doctors are so worried about liability that they do everything possible to cover their butt if things go south. This includes explaining all the risks.

Login or Join to leave a comment
Login Join