Aa
3dr redo surgery..is it posible?
HiI had my 1st hear attack in 1990@30 yrs of age,im slim,none smoker but had at that a time a cholestral level of 9.8
i had my 1st triple heart bypass in 1992,which was 2 vein grafts from my leg and mamographic artry from my chest,,i since have had one stent and 8pacemakers since the op..i have in total had a few more blockages and heart attacks even tho they were not diagnosed properly tillweeks/months after
can i sue the surgeon or drs for misdiagnosing?
i had my last heart attack in 96..and had another bypass in 2007,which failed within weeksmmthe surgeon will not see me in outpatiens as i put a complaint into the pals dept about his attitue towards me and his lack ofcare..i live in the uk and mt cardiologist,,a new one for the past 18mnths will not send me for redo for the 3rd time,,documents and pages out of my case notes are missing from my casenotes about my op in 2007,and no one knows what happened in theattre..it tioiook mnths to recover from the op..and am now worse off after the 2nd op..is thay cos it didnt work or cos there where problems which the surgeon has now destroyed/hid.
I am totaly gobsmacked at my care in the UK and reallt dont deserve to be treated like a moran,,im now 50 amd ive been told i started with heart probs ,going back to wen i was 23,,when chest pains began,,this was put dowbn to anxiety,,ive lost out alot on life thryu the problems i feel of the surgeon..and the 1st heart attack was not doagnosed till well over 5mnths afeter.even tho i went into A+E 3times complaining of severe chest pain,,no ecg was done opr anytghing like that,,wat are my chances of sueing the nhs 20yrs later for this malpractise??
HELP!!!!
any drs or other patience or similar facts etc please contact me!
This discussion is related to Second bypass surgery risks.
i had my 1st triple heart bypass in 1992,which was 2 vein grafts from my leg and mamographic artry from my chest,,i since have had one stent and 8pacemakers since the op..i have in total had a few more blockages and heart attacks even tho they were not diagnosed properly tillweeks/months after
can i sue the surgeon or drs for misdiagnosing?
i had my last heart attack in 96..and had another bypass in 2007,which failed within weeksmmthe surgeon will not see me in outpatiens as i put a complaint into the pals dept about his attitue towards me and his lack ofcare..i live in the uk and mt cardiologist,,a new one for the past 18mnths will not send me for redo for the 3rd time,,documents and pages out of my case notes are missing from my casenotes about my op in 2007,and no one knows what happened in theattre..it tioiook mnths to recover from the op..and am now worse off after the 2nd op..is thay cos it didnt work or cos there where problems which the surgeon has now destroyed/hid.
I am totaly gobsmacked at my care in the UK and reallt dont deserve to be treated like a moran,,im now 50 amd ive been told i started with heart probs ,going back to wen i was 23,,when chest pains began,,this was put dowbn to anxiety,,ive lost out alot on life thryu the problems i feel of the surgeon..and the 1st heart attack was not doagnosed till well over 5mnths afeter.even tho i went into A+E 3times complaining of severe chest pain,,no ecg was done opr anytghing like that,,wat are my chances of sueing the nhs 20yrs later for this malpractise??
HELP!!!!
any drs or other patience or similar facts etc please contact me!
This discussion is related to Second bypass surgery risks.
You are exactly correct, it may take a long time before one knows the extent of any damages and/or any grounds to sue. The statute of limitations to bring a lawsuit is to provide enough time to establish a viable claim for the plaintiff. And the other side of coin to have a longer statute-of-limitations would/could unfairly treat a defendant. Good luck and take care.
Thankyou for all your help!
In the uk the complaint yes i agree must be made within 3yrs to the nhs..Its taken me a long time to get where i am now,,there are lots of complications with my case,,my 7th pacemaker was an epicario pacemaker,(put into my stomach)tho this jumps above the ribs quite often..which gives a nasty shock to me..I was told by the surgeon that they alll where infected BEFORE implantation of the said pacemakers ,this has made my chest like a basket weave case..cut,,pain,,nerves no longer joining,nerve msgs having to go the long way round or not at all.making spasms in my chest,,the pacemaker implant was a total different surgeon from the two bypasses and i made a complint to the hospital about him,,as the bleeding didnt stop internally,i was told after i was @deaths door,even tho i was back on the ward on the same day,,surgeon won holiday and told to stay in hospital for 2 more days,,next day a new zealand sho said i was takin up space n my vital sign where fine but i was in sheer agony n was dischaged even on my protest
I could write a whole book on the problems ive encountered here with all the nhs hospitals involved..you make think im cracked or dweelling on it all!..the surgeon who did my 2nd bypass,,we both agreed that a mamographic atery would be best as one of the grafts,,when i came to,,it wasnt done,he used vein grafts and i was only agreeing to a bypass as long as a artert graft was used plus a vein graft,,now all i had where three vein grafts ,which gave me a life expectancy of 6yrs..the original mamographic artery from the 1st bypass is still patent,but my natural arteries are all ocluded,Im very annoyed at the surgeon at this and he would not see me in outpatients clinic 9weeks later as put one complaint about him ,whilst recving medical atention on the ward after the op.I stiilll have not got the full events of the opertion,,i was near to deaths door again and many complications he says,,but was given 2/3 reasons why they didnt use artery grafts on 2nd bypases,,hmmmm,,,seems to be contradiction here,,one was ateries are not used in 2nd bypasses!!2/ the mamograhic atery was not long enough and would not stretch that far,,my 1st surgeon says thay stretch to double or even 3times the length,so another excuse,,he bullied me says was not man enough to make a decision about the bypass and i was a big girls blouse,,yes!!,,you would not believe what excuses have been made up!..this problem was genetic,now its turned into not quite a nightmare,,but just near,,
Id realy like another opinion as my current cardiologist says he will not pass me on fior further bypass or other surgery,,even tho he does know what the problem is,,as the pages n pages are missing from my case notes..about the 2nd bypass,,hes put me on a new heart drug that makes me totyally like a zombie,wont take me off them..im pacing with the pacemaker @50 beats per min and blood pressure of about 117/84,,in summer last year,before being given antidepressants,,yes everyone will say its "my state of mind now!?,,they gave me agina constantly for 2days,,and came off them,,angina went!..my blood presure has always been low,,but last summer was 110/60,,after the antidepressants it shot up to 210/109..ive nvr had pressure such as this and told the drs n gp that it was poss another heart attack..they said no..but im usualy right,,thety wont give another angio or ct scan or even an mri scan,,bno reason and i keeping getting told everytime i go to outpatients that "we will chat nxt time"...its excuse after excuse,,im geting fobbed off klleft right n centre i feel..i been in touch with the complaints dept(pals in uk),,said they would look into it,,still waiting,,that was 3weeks ago..all i want is verifaction what my prognosis is and what wonder miracle..hoho..is at all in the future?.i dont get much or any answers and when i bring this up i feel im bringing problems on myself as everyone just shuts up and will not answer,,id like to know wether a few yrs down the line if a 3 rd byopass can be done,,as 3 is all you given in ones life span...ive had 2,,one was success for 16yrs,other failed in weeks,yet im no wiser and it no wonder im at my wits end wirh all the red tape,,in 20yrs since my 1st bypass nothing much has changed,,i was told in 1992..i probly wud not need to be opened up and stem cell n hormone therapy would be in use by then,,the only thing that has changed is the monitoring whilst you are under and medication,,i still needded to be opened chest wise ,ans all im getting that stem cel n hormone treatment will be in use in 10yrs,,will it come in time,,i wasted my life really waiting,,they only told me about all the side affects after the 1st bypass op..work,,not to do heavy lifting etc etc,,i was told by the surgeon b4 the 1stbyopass i wud be god as new and everything wud be back to normal n hardly any side affects,,well thats another book!
Andrew
In the uk the complaint yes i agree must be made within 3yrs to the nhs..Its taken me a long time to get where i am now,,there are lots of complications with my case,,my 7th pacemaker was an epicario pacemaker,(put into my stomach)tho this jumps above the ribs quite often..which gives a nasty shock to me..I was told by the surgeon that they alll where infected BEFORE implantation of the said pacemakers ,this has made my chest like a basket weave case..cut,,pain,,nerves no longer joining,nerve msgs having to go the long way round or not at all.making spasms in my chest,,the pacemaker implant was a total different surgeon from the two bypasses and i made a complint to the hospital about him,,as the bleeding didnt stop internally,i was told after i was @deaths door,even tho i was back on the ward on the same day,,surgeon won holiday and told to stay in hospital for 2 more days,,next day a new zealand sho said i was takin up space n my vital sign where fine but i was in sheer agony n was dischaged even on my protest
I could write a whole book on the problems ive encountered here with all the nhs hospitals involved..you make think im cracked or dweelling on it all!..the surgeon who did my 2nd bypass,,we both agreed that a mamographic atery would be best as one of the grafts,,when i came to,,it wasnt done,he used vein grafts and i was only agreeing to a bypass as long as a artert graft was used plus a vein graft,,now all i had where three vein grafts ,which gave me a life expectancy of 6yrs..the original mamographic artery from the 1st bypass is still patent,but my natural arteries are all ocluded,Im very annoyed at the surgeon at this and he would not see me in outpatients clinic 9weeks later as put one complaint about him ,whilst recving medical atention on the ward after the op.I stiilll have not got the full events of the opertion,,i was near to deaths door again and many complications he says,,but was given 2/3 reasons why they didnt use artery grafts on 2nd bypases,,hmmmm,,,seems to be contradiction here,,one was ateries are not used in 2nd bypasses!!2/ the mamograhic atery was not long enough and would not stretch that far,,my 1st surgeon says thay stretch to double or even 3times the length,so another excuse,,he bullied me says was not man enough to make a decision about the bypass and i was a big girls blouse,,yes!!,,you would not believe what excuses have been made up!..this problem was genetic,now its turned into not quite a nightmare,,but just near,,
Id realy like another opinion as my current cardiologist says he will not pass me on fior further bypass or other surgery,,even tho he does know what the problem is,,as the pages n pages are missing from my case notes..about the 2nd bypass,,hes put me on a new heart drug that makes me totyally like a zombie,wont take me off them..im pacing with the pacemaker @50 beats per min and blood pressure of about 117/84,,in summer last year,before being given antidepressants,,yes everyone will say its "my state of mind now!?,,they gave me agina constantly for 2days,,and came off them,,angina went!..my blood presure has always been low,,but last summer was 110/60,,after the antidepressants it shot up to 210/109..ive nvr had pressure such as this and told the drs n gp that it was poss another heart attack..they said no..but im usualy right,,thety wont give another angio or ct scan or even an mri scan,,bno reason and i keeping getting told everytime i go to outpatients that "we will chat nxt time"...its excuse after excuse,,im geting fobbed off klleft right n centre i feel..i been in touch with the complaints dept(pals in uk),,said they would look into it,,still waiting,,that was 3weeks ago..all i want is verifaction what my prognosis is and what wonder miracle..hoho..is at all in the future?.i dont get much or any answers and when i bring this up i feel im bringing problems on myself as everyone just shuts up and will not answer,,id like to know wether a few yrs down the line if a 3 rd byopass can be done,,as 3 is all you given in ones life span...ive had 2,,one was success for 16yrs,other failed in weeks,yet im no wiser and it no wonder im at my wits end wirh all the red tape,,in 20yrs since my 1st bypass nothing much has changed,,i was told in 1992..i probly wud not need to be opened up and stem cell n hormone therapy would be in use by then,,the only thing that has changed is the monitoring whilst you are under and medication,,i still needded to be opened chest wise ,ans all im getting that stem cel n hormone treatment will be in use in 10yrs,,will it come in time,,i wasted my life really waiting,,they only told me about all the side affects after the 1st bypass op..work,,not to do heavy lifting etc etc,,i was told by the surgeon b4 the 1stbyopass i wud be god as new and everything wud be back to normal n hardly any side affects,,well thats another book!
Andrew
Jon, is correct. It only seems logical the statutue of limitations pertains to the time to bring legal action...doesn't make sense otherwise. Once the proper documents are filed with the judicial system the statute of limitations is irrelevant as the matter is now within the court's jurisdiction. I was involved in a class action suit regarding the mismanagement of a corporation's assets that resulted in a major loss of the common stock value. The suit started in 2000 and just recently a settlement...the lawyers received billions of dollars after all the delay tactics and appeals, etc.
Limitations to bring an action against NHS may pertain to matters that aren't within the courts' jurisdiction.
Limitations to bring an action against NHS may pertain to matters that aren't within the courts' jurisdiction.
The claim limit for 3 years is definitely if you direct it at the NHS. They tried to refuse my claim and I was guided by a solicitor who said that through the main court system there is really no time limit. I managed to convince the NHS to deal with my case even though the three years was up, and it was settled just 2 weeks ago. I didn't accept any money from them, although I could have easily obtained compensation. I wanted the system checked and changed so it could not happen to any other patients.
COMMUNITY LEADER
Sorry, just going from this excerpt from a U.K. law digest;
Medical negligence law determines that a legal claim for compensation must be settled or legal proceedings must have been issued within three years of the event causing the injury. Legal action will become statute barred if this time limit is exceeded however there are some exceptions to this rule.
* In claims for people under the age of 18 years, the three year clock does not start running until the claimant's eighteenth birthday.
* The limitation period begins to run from the date when the injury was first discovered which may be many years after the negligent act.
* For people who suffer from mental incapacity the time may never start to run.
* Judges have a discretion to override the time limits in appropriate circumstances.
This discretion is rarely exercised however if a claim is outside the normal limitation period consideration should be given to an application to a judge to extend the period.
Medical negligence law determines that a legal claim for compensation must be settled or legal proceedings must have been issued within three years of the event causing the injury. Legal action will become statute barred if this time limit is exceeded however there are some exceptions to this rule.
* In claims for people under the age of 18 years, the three year clock does not start running until the claimant's eighteenth birthday.
* The limitation period begins to run from the date when the injury was first discovered which may be many years after the negligent act.
* For people who suffer from mental incapacity the time may never start to run.
* Judges have a discretion to override the time limits in appropriate circumstances.
This discretion is rarely exercised however if a claim is outside the normal limitation period consideration should be given to an application to a judge to extend the period.
The three years in the UK is only the limit for complaining directly to the hospital. There is really no limit if you take them to court. What you would have to do is prove how they have affected your quality of life by their decisions.
Making an excuse is easy if three years have passed. I sued my hospital for over dosing me on blood pressure medication which was meant for an 80 year old in the bed next to me. I simply told them the truth, I had too many health issues and other more priority concerns such as seeking treatment. Things considered more important at the time than persuing a case against them. They agreed to reopen the case even though three years had passed.
Making an excuse is easy if three years have passed. I sued my hospital for over dosing me on blood pressure medication which was meant for an 80 year old in the bed next to me. I simply told them the truth, I had too many health issues and other more priority concerns such as seeking treatment. Things considered more important at the time than persuing a case against them. They agreed to reopen the case even though three years had passed.
COMMUNITY LEADER
I don't know if anyone here can answer your question. Have you spoken to an attorney?
I would imagine your chances of being successful in court are fairly slim based on what you posted. I understand that the statute of limitations for medical malpractice in the UK is only 3 years except under some very extreme circumstances and nothing I read in your post would qualify. You really need an attorney to find out.
Good luck,
Jon
I would imagine your chances of being successful in court are fairly slim based on what you posted. I understand that the statute of limitations for medical malpractice in the UK is only 3 years except under some very extreme circumstances and nothing I read in your post would qualify. You really need an attorney to find out.
Good luck,
Jon
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