# Medical Claim



## Nakabandi (Jul 25, 2019)

I doubt the full truth will ever come out. They cut a vein in error. Went in for a standard colonoscopy, usually in and out within an hour, had it done 3 times before. When I woke up I was sick everywhere, then bowel problems. Moved to A&E, then large blood discharge. Moved to intensive care, midnight emergency full bowel operation. Might I have a claim? And anyone know a lawyer in Torrevieja area who does medical claims, or is it best to just forget it?


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## kalohi (May 6, 2012)

I'm sorry to hear this happened to you. It sounds like you've been through the ringer. 

However, about a law suit, you probably signed an informed consent form before the colonoscopy, in which they outlined the possible dangers of having it done. Unless you can prove that they didn't follow standard procedure or were negligent somehow, I doubt you have much of a case. Sometimes complications happen even when things are done correctly. These tests are not risk free. 

Once again, I'm sorry you were the one in a thousand that this happened to you. Hope you're doing ok now.


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## Nakabandi (Jul 25, 2019)

kalohi said:


> I'm sorry to hear this happened to you. It sounds like you've been through the ringer.
> 
> However, about a law suit, you probably signed an informed consent form before the colonoscopy, in which they outlined the possible dangers of having it done. Unless you can prove that they didn't follow standard procedure or were negligent somehow, I doubt you have much of a case. Sometimes complications happen even when things are done correctly. These tests are not risk free.
> 
> Once again, I'm sorry you were the one in a thousand that this happened to you. Hope you're doing ok now.


Yes I did sign a consent form. And yes how can I prove they were negligent, I was under when they did whatever they did, so would not make a good witness. They did cut a vein by mistake, but who’s to say that was negligent. They didn’t know they had, they wanted to send me home, until I poured with blood. I'm OK now, just about, but what a nightmare.


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## snikpoh (Nov 19, 2007)

Nakabandi said:


> Yes I did sign a consent form. And yes how can I prove they were negligent, I was under when they did whatever they did, so would not make a good witness. They did cut a vein by mistake, but who’s to say that was negligent. They didn’t know they had, they wanted to send me home, until I poured with blood. I'm OK now, just about, but what a nightmare.


I've had several colonoscopy's here (every 6 months for last few years) and never yet been put to sleep - how strange.

I would say they haven't been negligent - just had an 'incident' for which you can't be compensated.


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## kalohi (May 6, 2012)

snikpoh said:


> I've had several colonoscopy's here (every 6 months for last few years) and never yet been put to sleep - how strange.
> 
> I would say they haven't been negligent - just had an 'incident' for which you can't be compensated.


I've had 4 done here at a seguridad social hospital and I was heavily sedated to the point of being out of it each time. But my mother-in-law recently had one done at a different public hospital and she was awake for it. I think each hospital has its own protocol.


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## RagnBowman (Jul 23, 2019)

snikpoh said:


> I've had several colonoscopy's here (every 6 months for last few years) and never yet been put to sleep - *how strange.*
> .


Nothing whatsoever "strange" about it at all. Some people get put under, many get sedated and some suffer in silence.


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## Simply Simon (Jan 18, 2019)

Enjoyed mine - not the feeling that wasn't nice, but getting to watch the telly and see whats was going on inside (not going on thankfully) was fascinating. They gave me the option of sedation butI thought nobody is going there while I'm awake! They did warn me about the risks, sorry to Nakabandi, maybe you were just one of the few unlucky ones - I hope you're healing well.


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## Juan C (Sep 4, 2017)

Naka you said they made an error. Based only on that it would seem even you do not think it was negligence. 


I have had the procedure a number of times at several places. They have included hospitals in U.K. and spain and private clinics. I have only ever be ‘mildly sedated’ but every time I have been ‘unconscious.’

On one occasion I ‘woke up’ in a nearby cafe eating my breakfast. I had no recollection of the procedure, getting dressed, paying the bill, leaving the clinic, walking across a couple of busy roads and ordering the breakfast in a cafe I had never used before 

I have since always had someone with me when attending the procedure.


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## Nakabandi (Jul 25, 2019)

Juan C said:


> Naka you said they made an error. Based only on that it would seem even you do not think it was negligence.
> 
> 
> I have had the procedure a number of times at several places. They have included hospitals in U.K. and spain and private clinics. I have only ever be ‘mildly sedated’ but every time I have been ‘unconscious.’
> ...


I never went to a cafe for breakfast; the procedure was carried out in the afternoon. Does your post have any relevance to anything?


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## Juan C (Sep 4, 2017)

Quote “I've had several colonoscopy's here (every 6 months for last few years) and never yet been put to sleep - how strange.”

My post was showing an alternative experience to some others, albeit I have never been ‘put to sleep’ I have always been unconscious. In the same circumstance we all may react differently to others. The above is just one example

But to answer your question. As I said you consider it was an error. Thus not negligent and therefore you would be unwise to put money into fighting a negligence case !


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## snikpoh (Nov 19, 2007)

Juan C said:


> Quote “I've had several colonoscopy's here (every 6 months for last few years) and never yet been put to sleep - how strange.”
> 
> My post was showing an alternative experience to some others, albeit I have never been ‘put to sleep’ I have always been unconscious. In the same circumstance we all may react differently to others. The above is just one example
> 
> But to answer your question. As I said you consider it was an error. Thus not negligent and therefore you would be unwise to put money into fighting a negligence case !




Isn't "put to sleep" the same as being "unconscious"?


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## Juan C (Sep 4, 2017)

snikpoh I thought it was, that was why I adopted what you said in your post

“I. have never been ‘put to sleep’BUT I have always been unconscious during the procedure, being more affected may be than most, by the sedative


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## SandraP (Apr 23, 2014)

I have had hundreds of colonoscopies since I was 14. I have always been told of the risk of perforation of the bowel etc and since I was 16 have signed the consent form stating the risks. I have never, ever had any form of sedation as it is not a painful procedure at all and you get to see immediately on the screen what the consultant can see. I have since had a much more life affecting operation because many years ago my bowel was perforated. I cannot claim for any damage as I knew that was a risk.
I would advise you just to move on, be grateful you are still here to post on a forum and accept that once they realised what had inadvertently happened they repaired the problem and you were eventually sent home.


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## baldilocks (Mar 7, 2010)

snikpoh said:


> Isn't "put to sleep" the same as being "unconscious"?


"Put to sleep" is what they now call "euthanased" when referring to a dying/terminally ill animal.


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## Nakabandi (Jul 25, 2019)

Juan C said:


> Quote “I've had several colonoscopy's here (every 6 months for last few years) and never yet been put to sleep - how strange.”
> 
> My post was showing an alternative experience to some others, albeit I have never been ‘put to sleep’ I have always been unconscious. In the same circumstance we all may react differently to others. The above is just one example
> 
> But to answer your question. As I said you consider it was an error. Thus not negligent and therefore you would be unwise to put money into fighting a negligence case !


As far as I am aware I had full anaesthetic as I had previously, but I don’t know what relevance that has, could someone explain. Also what would going for breakfast afterwards to an unknown cafe across busy roads have any relevance to what happened?
I have decided it was an innocent mishap and I was just the unlucky one. Thank you all for your advice.
Why does xabiaxica like that I suffered this experience and had to have major bowel surgery?


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## baldilocks (Mar 7, 2010)

Nakabandi said:


> Why does xabiaxica like that I suffered this experience and had to have major bowel surgery?


Where on earth did you dredge that idea up from?


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## xabiaxica (Jun 23, 2009)

Nakabandi said:


> As far as I am aware I had full anaesthetic as I had previously, but I don’t know what relevance that has, could someone explain. Also what would going for breakfast afterwards to an unknown cafe across busy roads have any relevance to what happened?
> I have decided it was an innocent mishap and I was just the unlucky one. Thank you all for your advice.
> Why does xabiaxica like that I suffered this experience and had to have major bowel surgery?


He was simply sharing his personal experience of the procedure, as were other members.


Where did I say that I like the fact that you had major surgery? This is my first post on this thread.

Neither I nor any other member has said such a thing.


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## Simply Simon (Jan 18, 2019)

Nakabandi said:


> As far as I am aware I had full anaesthetic as I had previously, but I don’t know what relevance that has, could someone explain. Also what would going for breakfast afterwards to an unknown cafe across busy roads have any relevance to what happened?
> I have decided it was an innocent mishap and I was just the unlucky one. Thank you all for your advice.
> Why does xabiaxica like that I suffered this experience and had to have major bowel surgery?


Nobody 'liked' that you have suffered, chill out a bit. Everybody has been sympathetic and have shared their experiences, they may be different to yours so do not need to have any relevance. Again, I hope you are recovering as does I believe everybody who has responded to your post.


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## 95995 (May 16, 2010)

Nakabandi said:


> I doubt the full truth will ever come out. They cut a vein in error. Went in for a standard colonoscopy, usually in and out within an hour, had it done 3 times before. When I woke up I was sick everywhere, then bowel problems. Moved to A&E, then large blood discharge. Moved to intensive care, midnight emergency full bowel operation. Might I have a claim? And anyone know a lawyer in Torrevieja area who does medical claims, or is it best to just forget it?


Firstly, I'm pleased you found the means to start this thread and I hope the instructions I gave you on the other thread assisted you in doing so.

You don't actually state when "they cut a vein in error", i.e. whether it was during the colonoscopy or during the emergency operation. You do say that after you woke up you were sick (which can occur as a result of a general anaesthetic) and that you then had bowel problems. I can only assume there is a reason why you have had 3 colonoscopies, I have no idea whether it is as a result of having bowel problems, but if you have a history of bowel problems then a problem may have occurred whilst you were in hospital (eg, severe spasm or worse). Do you have the results of the colonoscopy, do you have a film? No scalpels are used during a colonoscopy, but they are used during bowel surgery. Perhaps you could ask your referring practitioner, or alternatively write to the hospital and ask them for a report, or maybe you have already done so? Colonoscopies, as mentioned above, do carry a risk. Surgery carries a risk and even for emergency surgery you likely signed a consent, that is if the consent for the colonoscopy didn't include a consent for emergency surgery if required (which in my personal experience it does, at least for those with a history of bowel problems).

Making a claim is never easy, but if your results were to be sent to your referring doctor, that is perhaps where you should start asking questions. Alternatively just write to hospital management and ask them for a report on the colonoscopy, what gave rise to the problems requiring emergency surgery and what was found to be the problem during the latter. That is worth doing, at least to help you understand what actually occurred. However, your chances of being successful in any legal claim are potentially not high, unless you have deep pockets for lawyers and even then there is no guarantee of success and you might well just be lining the lawyers' pockets.


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## Megsmum (Sep 9, 2012)

As an ex theatre nurse .... who used the terminology... nicked a vein? Also what’s a full bowel operation....?


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## Nakabandi (Jul 25, 2019)

The cut to the vein was done during the colonoscopy. The emergency surgery was to repair the cut. 8 inch cut down the stomach. 

I do not have a border collie.


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## jimenato (Nov 21, 2009)

Had a colonoscopy in La Linea - most interesting experience - and relaxing. Can't imaging why anyone would need any sedation.

Went straight from the hospital to the bar.


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## Pesky Wesky (May 10, 2009)

BTW there is now a poo sample service which can be used instead of a colonoscopy, at least in Madrid Seguridad Social. It is offered from the age of 58 I think. I presume it's only for people who have no history of cancer or colon cancer in their family and not for those who are flagged up as possibly at risk.


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## Lynn R (Feb 21, 2014)

Pesky Wesky said:


> BTW there is now a poo sample service which can be used instead of a colonoscopy, at least in Madrid Seguridad Social. It is offered from the age of 58 I think. I presume it's only for people who have no history of cancer or colon cancer in their family and not for those who are flagged up as possibly at risk.


My husband had this screening service last year in Andalucia, and I have just received mine too. The sample kit comes through the post and the sample then has to be taken to your local Centro de Salud, and a letter giving the results is then sent to your home (at least if the result is normal, it is - if there are any concerns flagged up, possibly contact might be made by phone to arrange a follow-up appointment).


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## RagnBowman (Jul 23, 2019)

jimenato said:


> Had a colonoscopy in La Linea - most interesting experience - and relaxing. Can't imaging why anyone would need any sedation.
> 
> Went straight from the hospital to the bar.


I had one a few years ago in Leeds and was offered sedation which I declined as I was driving myself to the appointment. I found the prep to be the worst bit. However, from memory I found it quite uncomfortable and very alien to be having a couple of metres of tubing inserted up my rectum and then manipulated over a 30 minute period, in no way could I describe this as "relaxing", and would certainly not admit to it if I had. 
With the amount of gas pumped in there would be absolutely no way I could have gone to the pub and subjected the locals to the inevitable emissions that were forthcoming for the next 18 hours.
Interestingly the vast majority of these procedures in the U.S are done under sedation.


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## Pesky Wesky (May 10, 2009)

Lynn R said:


> My husband had this screening service last year in Andalucia, and I have just received mine too. The sample kit comes through the post and the sample then has to be taken to your local Centro de Salud, and a letter giving the results is then sent to your home (at least if the result is normal, it is - if there are any concerns flagged up, possibly contact might be made by phone to arrange a follow-up appointment).


It doesn't work like that in Madrid, but it doesn't matter, a system is in place and it's great that it's being rolled out in other parts of Spain


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## snikpoh (Nov 19, 2007)

Pesky Wesky said:


> BTW there is now a poo sample service which can be used instead of a colonoscopy, at least in Madrid Seguridad Social. It is offered from the age of 58 I think. I presume it's only for people who have no history of cancer or colon cancer in their family and not for those who are flagged up as possibly at risk.


That's how mine first started. I did the sample test and they found some blood.

They then did a colonoscopy and removed some cancerous growths. I now have regular check-ups (colonoscopies) but they have since found nothing.

I am so grateful for the initial test and would urge EVERYONE to do this test!


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## jimenato (Nov 21, 2009)

RagnBowman said:


> I had one a few years ago in Leeds and was offered sedation which I declined as I was driving myself to the appointment. I found the prep to be the worst bit. However, from memory I found it quite uncomfortable and very alien to be having a couple of metres of tubing inserted up my rectum and then manipulated over a 30 minute period, in no way could I describe this as "relaxing", and would certainly not admit to it if I had.
> With the amount of gas pumped in there would be absolutely no way I could have gone to the pub and subjected the locals to the inevitable emissions that were forthcoming for the next 18 hours.
> Interestingly the vast majority of these procedures in the U.S are done under sedation.


The prep was frankly astonishing.

Mine consisted of two drinks - one the night before and the other the morning of the procedure and I was told not to go too far from a loo.

I won't go into details, but they weren't flippin' kidding.:shocked:

We all seem to have had different experiences. I wonder if the degree of sedation (if any) depends upon the type of colonoscopy and the reason it is being done.


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## SandraP (Apr 23, 2014)

Not every colonoscopy is to check for cancer. That sample test would have done me absolutely no good at age 14 or even 2 years ago.
I really don't understand how anyone could have had a vein cut during such a procedure as the only instruments used are the scope with a camera and a thin wire with a pincer on the end in order to take a biopsy. 
I alway used to attend the clinic on my motorbike, in full bike gear and ride home myself afterwards as I never had any sedation.


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## SandraP (Apr 23, 2014)

I think the degree of sedation is dependant on the person having the procedure, I had a colonoscopy that examined the entire colon, right up to the ileum with no sedation. In the hospital I attended it was usually older people (70 years+), men and very nervous people who had sedation. I never had any because the consultant and I used to chat about what could be seen and also where I had been on the motorbike lol


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