Complications

[ThaiPauly]

3 months ago I underwent surgery on my back. The Surgeon's first effort he addmitted he made mistaked and did the second op for free. He said I would see a 70% improvement, I have only got 20% So I will be on painkillers for the rest of my life. I am in pain EVERY day, somedays are worse than others. I have to fly back to the UK soon and I am DREADING it.

If thats not bad enough the operation caused a problem that was nothing to do with my back, but their use of a Kathata has robbed me of my Sex Life. I have had a further to operations (1 free) to try to recity this other problem, but they have not managed to do so to my satisfaction or anything like it. I have not been able to make love to my wife in over 3 months now, and the pain is such that I cannot see it improving without further surgery, which I would definatley not want in Thailand.

What I want to know (if anyone can help me with this) is where I stand legally. I feel like sueing the hospital and surgeons for negligence.

Where do I stand? can I do it here? has anyone done it sucessfully? Obviously I had to sign the pre-op disclaimer, is that their "Get Out Of Jail Free" card?

What are my chances of succesfully sueing a large institution as a foreigner, or will I bring a world of shit down on my head?

It's not about the money really although the money I got if I were to win would finace a trip to the states to have the problem rectified, as I feel they are incompetant here in Chaing mai.

Many thanks if anyone can help me.

Edited September 20, 2005 by ThaiPauly

[lopburi3]

Although a few lawsuits have recently been successful they would require a huge burden of proof that you are unlikely to have using the percentage game. Back operations are always a huge gamble and although I don't know the success rate of your procedure I suspect it would be very hard to prove a case.

Even if a case was proven you would not be likely to receive anything substantial. I don't believe being a foreigner is the problem - taking on doctors is not an easy task for anyone.

[Tywais]

Although a few lawsuits have recently been successful they would require a huge burden of proof that you are unlikely to have using the percentage game.  Back operations are always a huge gamble and although I don't know the success rate of your procedure I suspect it would be very hard to prove a case.

Even if a case was proven you would not be likely to receive anything substantial.  I don't believe being a foreigner is the problem - taking on doctors is not an easy task for anyone.

Also should check any forms you signed for waivers. Really need to contact a lawyer for information and case histories.

[Soph]

Sorry ThaiPauly, cant offer any advice, but im sorry to hear about your situation, and I do hope you can find a way to make it better

[ThaiPauly]

Thanx Sohp.

I accept the situation with my back and am not looking to Sue for damages for that as I am aware that Back's are complicated, I just wanted to give you the background on that.

It's the problem that THEY CREATED that I am not at all happy about and if I get enough responses that I should see a Lawyer then that is what I will do, I am very sure that it will be hard taking on an institution as big as theirs but I dont understand how on earth I can go in for one op and come out needing 2 more in a different place, not to mention the trauma this is having on my Wife and I

Cheers

TP

PS are there any speacilist medical Lawyers?

[terdsak_12]

I'd never go under the knife in this country, especially for something as serious a back surgery. Fly back to the UK and get it sorted there!!!

[sbk]

I am afraid, if they way they treat Thai patients is any example, you won't have much luck. There was some poor woman who underwent surgery only to find that her bladder leaked out through her vagina and the dr who left her like that let her live that way for over a year! She should be able to sue and frankly, get his license suspended, but the old boy network among the dr s in this country is astoundingly tight and one would never testify about the incompetence of another.

[Boon Mee]

My sympathy goes out to you TP!

There is nothing worse than back pain, jing jing - as you can certainly testify to.

I broke my neck (cracked C-1, C-2 & 3) in Singapore a number of years back and was totally paralyzed on my right side for 6 months. Did not have surgery but had a LOT of pain.

Accupuncture got me through and was back at work in 9 months. Don't know if Accupuncture could work for you but in my case, it was a life-saver.

Best of luck sir...

BM

[Thetyim]

TP, very sorry to read your story.

I do not think you would get much satisfaction from persuing a court case. It would take years here, give you a lot more stress and and at the end of it you would not achieve much to make you feel any happier.

Compensation would be small.

[Digger]

Just a thought, if your British have you considered sharing your story with a UK national newspaper? Lots of them are showing stories of how Brits are travelling abroad to pay for surgical procedures to jump waiting lists in the UK. I could just imagine seeing this type of story being very interesting to the likes of the Daily Mail, as another side of what can happen. At the very least, in this scenario, they would probably agree for you to see a specialist for your condition in Harley Street on a private basis and I am sure that specialist would have no qualms with saying exactly what he thought of the procedure and what has gone wrong. They would need the specialist to say what has gone wrong to back up the story so possibly they would pay for him to check you out at least.

The knock on of this is that if he says the op was cocked up, could be major problem for the good folks at the TOT looking to encourage medical tourism.

[ThaiPauly]

Thanks for the sympathy folks. Digger, I would not want to go down the road you mentioned although it would be very easy for me to do so as I owned a media company in the UK, its a bit personal and I would not want my family and freinds to see me whinging in the National Press.

From whats been said so far, looks like I made the wrong decision to be operated on in Thailand. Maybee this should be a warning to others. I had the means to have the operation back in the UK but I made the easy, and what turned out to be the wrong choice.

[cmsally]

Sorry to hear of your pain. If accupuncture is an option (its often good for pain relief) there's an excellent clinic at McCormick hospital. Many people recommended it.