I have just been told I have failed back surgery

Failed why? What happened?

Hi Peter

Yes what happened? What was the back surgery for? I dont blame you feeling like that

Love

Eileen

Go and see a 'no win, no fee' Personal Injury specialist first to talk through your case.

What surgery did you have?

Why?

Were you advised of the risks and benefits of surgery? I suspect that you were though, as everyone should be advised of this. It should be contained in the surgeon's letter to you following your consultation which discussed surgery.

What then happened for it to now be considered 'failed back surgery'?

Without knowing the facts of your case, whether you have a potentially successful case against your surgeon/hospital (it's usually the NHS Trust hospital who is sued) will depend upon whether the surgeon gave you proper and clear advise as to the pro's and cons of surgery and whether you knowingly accepted the risks or not. To successfully defend potential legal claims, doctors need to be able to point to the advice given and this is often proved in the form of follow-up letters after patient appointments.

 

Ask if anything can be done to try and rectify things;

Ask specifically why the surgeon now diagnoses it as 'failed back' syndrome;

Specifically ask what evidence the surgeon can point to, to prove that he advised you of all the pros and cons of the operation

You've got 3 years from the date of being advised that you have ''failed back" syndrome to issue any legal proceedings. After that, you become statute barred from suing. Use this time to your advantage (ensuring you don't run out of time). 

You seem to only recently have had the operation. Take the Pain Msnagement that they offer to see if it helps. I found that spinal lumbar injections really did help me. Conversely, other people find they don't help. In any event, they're very, very expensive to pay for privately.

Go and see the Personal Injury solicitor for a discussion anyway, now, to talk things through. 

 

So sorry to hear about your unsuccessful surgery, Peter. I hope your pain lessens soon. I didn't go down the route of surgery due to the fear of it going wrong, so don't know what to expect as far as recovery is concerned, but i know how frustrating it is to get medical help or even any understanding out of the NHS (and i work in a hospital!). I wish you all the best.

You could also consider complaining about the surgeon to the G.M.C. (General Medical Council - you can do it on-line), but you would need to show how he was a 'dangerous' surgeon or completely wreckless as regards patient safety in terms of these operations. I tend to think that the G.M.C. are a bit of a self-protective bunch, whether they're supposed to professionally oversee doctors or not, and that they don't usually like finding against one of their own if they don't have to.