Medical Negligence!
Feb 28th 2012, 9:52 am
#1
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Joined: Feb 2012
Posts: 2
Medical Negligence!
I had an operation at a hospital in France )I am resident here) to replace two discs in my neck last May (2011) and cutting a long story short I was left paralysed in my left arm as two nerves were trapped during the surgery. I am now making a very slow recovery but I am still in pain and still restricted in my every day activties. I decided to approach the CRCI to make a claim for medical negligence on my behalf against the surgeon. Part of the paperwork for this claim requires me to have a Medical Certificate stating my current health from a doctor of my choice. Despite having scan results, x-rays, EMG results, verbal confirmation of my condition (I taped all my conversations with the surgeon) and evidence from my physiotherapist, my doctor is dragging her heels about providing me with this certificate. She has insisted on sending me for yet another MRI scan, which will create yet another delay. She is a friend of the surgeon and I am beginning to suspect that she is in league with him and hell bent on making sure I get no further with my claim. Can anyone give me any useful advice about which way to turn next please. I seem to be coming up against a brick wall every way I turn and am beginning to think that it is because I am "english". I am at my wits end and any help anyone can offer would be gratefully appreciated.
Feb 28th 2012, 10:05 am
#2
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Joined: Jan 2006
Location: On the edge
Posts: 20,460
Re: Medical Negligence!
No, I'd say it was because you took the (imho wrong) decision to go to a doctor who is a friend of the surgeon you are considering taking action against.
Do you really feel confident about the final report she will give?
No, imho that is the mistake ..... you should go to an independent doctor for the report
Do you really feel confident about the final report she will give?
No, imho that is the mistake ..... you should go to an independent doctor for the report
Feb 28th 2012, 10:13 am
#3
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Joined: Apr 2009
Location: Scotland & Touraine [37]
Posts: 3,019
Re: Medical Negligence!
I think that you should consult an advocat to make sure that you proceed within legal time limits.
My understanding is that in France you do not have "your doctor" as in the UK, but that you can consult any doctor.
To back up what Mitzy has said, I meet up with a group of surgeons; G.P.s pharmacists; dentists etc including some notaires and advocats who all know one another - so choose wisely.
Good luck
My understanding is that in France you do not have "your doctor" as in the UK, but that you can consult any doctor.
To back up what Mitzy has said, I meet up with a group of surgeons; G.P.s pharmacists; dentists etc including some notaires and advocats who all know one another - so choose wisely.
Good luck
Feb 28th 2012, 11:35 am
#4
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Re: Medical Negligence!
My doctor was the one who recommended the neurosurgeon to me and I trusted her. I am in the process of changing doctors as it's pointless to continue with her as I have lost all confidence in her now. I understand what you mean about choosing wisely but how do I know who is in league and who isn't without point blank asking them. Also, what do you mean by time limit. I didn't realise there was one. Thanks for replying though.
Feb 28th 2012, 12:16 pm
#5
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Posts: 546
Re: Medical Negligence!
Hi FC
Concerning time limits; in all claims for compensation or indemnification (to insurance companies and so on) are subject to strict time limits. Quite simply, if your car is hit by a reversing bus, you have 12 months in which to claim for repair costs. This is just by way of example, but I'm pretty sure that you will need to watch the clock a bit! Most cases involving insurance companies will stipulate a year, I don't know about what is obviously a more serious case like yours.
Blackie
Concerning time limits; in all claims for compensation or indemnification (to insurance companies and so on) are subject to strict time limits. Quite simply, if your car is hit by a reversing bus, you have 12 months in which to claim for repair costs. This is just by way of example, but I'm pretty sure that you will need to watch the clock a bit! Most cases involving insurance companies will stipulate a year, I don't know about what is obviously a more serious case like yours.
Blackie
Feb 28th 2012, 12:27 pm
#6
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Re: Medical Negligence!
I can understand the problems of finding a good surgeon though; we also followed our doctor's recommendation for surgery on my husband last year (assuming she knew best) The surgery was duly done and we weren't happy; no long term issues like you luckily but instead of the lovely quick torepair keyhole surgery done on the same hand in the uk, 4 huge slashes that took ages to repair and scarred badly 
Needless to say we will not be using this surgeon again and will be careful questioning the new surgeon as to his methods...
Good luck with your claim;like the others I recommend an independent doctor far from the hospital you visited for the certificate
Cyrian, you can choose any doc you like but will only get full 70% reimbursement from a doctor you name as 'yours'
Needless to say we will not be using this surgeon again and will be careful questioning the new surgeon as to his methods...
Good luck with your claim;like the others I recommend an independent doctor far from the hospital you visited for the certificate
Cyrian, you can choose any doc you like but will only get full 70% reimbursement from a doctor you name as 'yours'
Feb 28th 2012, 2:49 pm
#7
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Joined: Apr 2009
Location: Scotland & Touraine [37]
Posts: 3,019
Re: Medical Negligence!
My doctor was the one who recommended the neurosurgeon to me and I trusted her. I am in the process of changing doctors as it's pointless to continue with her as I have lost all confidence in her now. I understand what you mean about choosing wisely but how do I know who is in league and who isn't without point blank asking them. Also, what do you mean by time limit. I didn't realise there was one. Thanks for replying though.
As Blackie said, you have to make your complaintwithin certain time limits depending on what is involved. DSK recently got off with a serious sexual assault charge because the complaint had been made too late.
I have no idea what timescale is involved in your case but I bet that the doctors do.
Thanks mum for keeping me right
Feb 28th 2012, 4:31 pm
#8
Joined: Mar 2007
Posts: 10,551
Re: Medical Negligence!
I can understand the problems of finding a good surgeon though; we also followed our doctor's recommendation for surgery on my husband last year (assuming she knew best) The surgery was duly done and we weren't happy; no long term issues like you luckily but instead of the lovely quick torepair keyhole surgery done on the same hand in the uk, 4 huge slashes that took ages to repair and scarred badly
Needless to say we will not be using this surgeon again and will be careful questioning the new surgeon as to his methods...
Good luck with your claim;like the others I recommend an independent doctor far from the hospital you visited for the certificate
Cyrian, you can choose any doc you like but will only get full 70% reimbursement from a doctor you name as 'yours'
Needless to say we will not be using this surgeon again and will be careful questioning the new surgeon as to his methods...
Good luck with your claim;like the others I recommend an independent doctor far from the hospital you visited for the certificate
Cyrian, you can choose any doc you like but will only get full 70% reimbursement from a doctor you name as 'yours'
I had an operation at a hospital in France )I am resident here) to replace two discs in my neck last May (2011) and cutting a long story short I was left paralysed in my left arm as two nerves were trapped during the surgery. I am now making a very slow recovery but I am still in pain and still restricted in my every day activties. I decided to approach the CRCI to make a claim for medical negligence on my behalf against the surgeon. Part of the paperwork for this claim requires me to have a Medical Certificate stating my current health from a doctor of my choice. Despite having scan results, x-rays, EMG results, verbal confirmation of my condition (I taped all my conversations with the surgeon) and evidence from my physiotherapist, my doctor is dragging her heels about providing me with this certificate. She has insisted on sending me for yet another MRI scan, which will create yet another delay. She is a friend of the surgeon and I am beginning to suspect that she is in league with him and hell bent on making sure I get no further with my claim. Can anyone give me any useful advice about which way to turn next please. I seem to be coming up against a brick wall every way I turn and am beginning to think that it is because I am "english". I am at my wits end and any help anyone can offer would be gratefully appreciated.
Mar 13th 2012, 6:27 pm
#9
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Joined: Mar 2012
Posts: 2
Re: Medical Negligence!
Dear French Connection,
I'm interested in your plight as I'm in a not too disimilar situation.
Recently I broke my ankle in SW France and had an operation to put it back together in a regional hospital. As I'd been living alone in the middle of nowhere I had to come back to the UK. In order to fly, I had to have half the cast removed.
The day after arriving I went to my local A& E to have a new cast. All was fine, I thought. Then I got shocking news from the orthopaedic surgeon. He told me it was the worst ankle surgery he'd ever seen. Bones not together, wrong screws and plates used, and some wires doing nothing useful. He told me there was no way my ankle could possibly heal.
So, I had to have another operation here to undo the French bodge job, and have been told that the bones may not heal as there was already two weeks since the breakage. Apparently, it seems bones need to be set asap, two weeks being on the borderline of what may work. So, I may need a third operation but won't know for a month - until the plaster is removed.
I am pretty annoyed about this. Apart from having to have two operations with the attendant risks, I still have an unsure prognosis.
I want to sue, but am unsure how to go about it.
What is the CRCI you mention? Can you give me any pointers on how to proceed? I'm now permanently back in the UK and won't ever allow a French orthopedic surgeon near me again.
As for your dilemma, I think what others have said makes sense. Get an independent doctor!
Good luck.
I'm interested in your plight as I'm in a not too disimilar situation.
Recently I broke my ankle in SW France and had an operation to put it back together in a regional hospital. As I'd been living alone in the middle of nowhere I had to come back to the UK. In order to fly, I had to have half the cast removed.
The day after arriving I went to my local A& E to have a new cast. All was fine, I thought. Then I got shocking news from the orthopaedic surgeon. He told me it was the worst ankle surgery he'd ever seen. Bones not together, wrong screws and plates used, and some wires doing nothing useful. He told me there was no way my ankle could possibly heal.
So, I had to have another operation here to undo the French bodge job, and have been told that the bones may not heal as there was already two weeks since the breakage. Apparently, it seems bones need to be set asap, two weeks being on the borderline of what may work. So, I may need a third operation but won't know for a month - until the plaster is removed.
I am pretty annoyed about this. Apart from having to have two operations with the attendant risks, I still have an unsure prognosis.
I want to sue, but am unsure how to go about it.
What is the CRCI you mention? Can you give me any pointers on how to proceed? I'm now permanently back in the UK and won't ever allow a French orthopedic surgeon near me again.
As for your dilemma, I think what others have said makes sense. Get an independent doctor!
Good luck.
Mar 13th 2012, 8:01 pm
#10
Lost in BE Cyberspace
Joined: Apr 2008
Location: Hérault (34)
Posts: 8,890
Re: Medical Negligence!
Dear French Connection,
I'm interested in your plight as I'm in a not too disimilar situation.
Recently I broke my ankle in SW France and had an operation to put it back together in a regional hospital. As I'd been living alone in the middle of nowhere I had to come back to the UK. In order to fly, I had to have half the cast removed.
The day after arriving I went to my local A& E to have a new cast. All was fine, I thought. Then I got shocking news from the orthopaedic surgeon. He told me it was the worst ankle surgery he'd ever seen. Bones not together, wrong screws and plates used, and some wires doing nothing useful. He told me there was no way my ankle could possibly heal.
So, I had to have another operation here to undo the French bodge job, and have been told that the bones may not heal as there was already two weeks since the breakage. Apparently, it seems bones need to be set asap, two weeks being on the borderline of what may work. So, I may need a third operation but won't know for a month - until the plaster is removed.
I am pretty annoyed about this. Apart from having to have two operations with the attendant risks, I still have an unsure prognosis.
I want to sue, but am unsure how to go about it.
What is the CRCI you mention? Can you give me any pointers on how to proceed? I'm now permanently back in the UK and won't ever allow a French orthopedic surgeon near me again.
As for your dilemma, I think what others have said makes sense. Get an independent doctor!
Good luck.
I'm interested in your plight as I'm in a not too disimilar situation.
Recently I broke my ankle in SW France and had an operation to put it back together in a regional hospital. As I'd been living alone in the middle of nowhere I had to come back to the UK. In order to fly, I had to have half the cast removed.
The day after arriving I went to my local A& E to have a new cast. All was fine, I thought. Then I got shocking news from the orthopaedic surgeon. He told me it was the worst ankle surgery he'd ever seen. Bones not together, wrong screws and plates used, and some wires doing nothing useful. He told me there was no way my ankle could possibly heal.
So, I had to have another operation here to undo the French bodge job, and have been told that the bones may not heal as there was already two weeks since the breakage. Apparently, it seems bones need to be set asap, two weeks being on the borderline of what may work. So, I may need a third operation but won't know for a month - until the plaster is removed.
I am pretty annoyed about this. Apart from having to have two operations with the attendant risks, I still have an unsure prognosis.
I want to sue, but am unsure how to go about it.
What is the CRCI you mention? Can you give me any pointers on how to proceed? I'm now permanently back in the UK and won't ever allow a French orthopedic surgeon near me again.
As for your dilemma, I think what others have said makes sense. Get an independent doctor!
Good luck.
http://www.oniam.fr/crci/votre-commission-regionale/
will give you the contact details of the organisation, if you click on the Région where your hospital is located.
You'll probably have to employ a French Avocat to represent you. Meanwhile French.Connection will hopefully give you tips
Good luck to you both!
Mar 13th 2012, 8:32 pm
#11
Joined: Mar 2007
Posts: 10,551
Re: Medical Negligence!
Dear French Connection,
I'm interested in your plight as I'm in a not too disimilar situation.
Recently I broke my ankle in SW France and had an operation to put it back together in a regional hospital. As I'd been living alone in the middle of nowhere I had to come back to the UK. In order to fly, I had to have half the cast removed.
The day after arriving I went to my local A& E to have a new cast. All was fine, I thought. Then I got shocking news from the orthopaedic surgeon. He told me it was the worst ankle surgery he'd ever seen. Bones not together, wrong screws and plates used, and some wires doing nothing useful. He told me there was no way my ankle could possibly heal.
So, I had to have another operation here to undo the French bodge job, and have been told that the bones may not heal as there was already two weeks since the breakage. Apparently, it seems bones need to be set asap, two weeks being on the borderline of what may work. So, I may need a third operation but won't know for a month - until the plaster is removed.
I am pretty annoyed about this. Apart from having to have two operations with the attendant risks, I still have an unsure prognosis.
I want to sue, but am unsure how to go about it.
What is the CRCI you mention? Can you give me any pointers on how to proceed? I'm now permanently back in the UK and won't ever allow a French orthopedic surgeon near me again.
As for your dilemma, I think what others have said makes sense. Get an independent doctor!
Good luck.
I'm interested in your plight as I'm in a not too disimilar situation.
Recently I broke my ankle in SW France and had an operation to put it back together in a regional hospital. As I'd been living alone in the middle of nowhere I had to come back to the UK. In order to fly, I had to have half the cast removed.
The day after arriving I went to my local A& E to have a new cast. All was fine, I thought. Then I got shocking news from the orthopaedic surgeon. He told me it was the worst ankle surgery he'd ever seen. Bones not together, wrong screws and plates used, and some wires doing nothing useful. He told me there was no way my ankle could possibly heal.
So, I had to have another operation here to undo the French bodge job, and have been told that the bones may not heal as there was already two weeks since the breakage. Apparently, it seems bones need to be set asap, two weeks being on the borderline of what may work. So, I may need a third operation but won't know for a month - until the plaster is removed.
I am pretty annoyed about this. Apart from having to have two operations with the attendant risks, I still have an unsure prognosis.
I want to sue, but am unsure how to go about it.
What is the CRCI you mention? Can you give me any pointers on how to proceed? I'm now permanently back in the UK and won't ever allow a French orthopedic surgeon near me again.
As for your dilemma, I think what others have said makes sense. Get an independent doctor!
Good luck.
Mar 14th 2012, 11:31 am
#12
Just Joined
Joined: Mar 2012
Posts: 2
Re: Medical Negligence!
Thank you dmu.
I'll try that. Not easy as my French is not up to understanding very technical or formal language.
I'll try that. Not easy as my French is not up to understanding very technical or formal language.
Mar 14th 2012, 1:14 pm
#13
Lost in BE Cyberspace
Joined: Apr 2008
Location: Hérault (34)
Posts: 8,890
Re: Medical Negligence!
That's why you'd need a French Avocat to advise for the form-filling formalities and to represent you if it comes to a Court procedure. Legal French is gobbledegook even for your average French person, who would get legal advice before launching into the battle...
