Should this man get compensation? (soul, choice, science)

[michel]

http://news.bbc.co.uk/1/hi/england/cornwall/6615351.stm

'Not cancer' patient claims costs


John Brandrick sold most of his possessions




A man who spent his life's savings after learning that he had terminal cancer is seeking compensation from a hospital after his diagnosis changed.
John Brandrick from Newquay was first told by Royal Cornwall Hospital in Treliske that he had pancreatic cancer and later diagnosed with pancreatitis.
The 62-year-old said after "living life to the full" he has to sell his home.
The Royal Cornwall Hospital's NHS Trust sympathised with him but said there was "no clear evidence of negligence".
Mr Brandrick said his life had been turned "upside-down" as a result of the new diagnosis of pancreatitis, an inflamation of the pancreas.


"If they have made the wrong decision they should pay me something back.
"I was told certainly, by the doctor, that I had cancer and from that day I lived life in full.
"I was told I had limited time to live. I got rid of everything - my car, my clothes, everything."
He said he would be seeking an out-of-court settlement as he did not want to pay solicitors' fees.
A spokesman for the Royal Cornwall Hospital's NHS Trust said the diagnosis of pancreatic cancer was based on the outcome of a series of investigations and the symptoms that Mr Brandrick was experiencing early in 2005. He said: "Whilst we do sympathise with Mr Brandrick's position, clinical review of his case has not revealed that any different diagnosis would have been made at the time based on the same evidence. "The NHS Litigation Authority has agreed that there is no clear evidence of negligence in Mr Brandrick's treatment."

[darkpenguin]

No he shouldn't, Jeez if doctors got it right all the time then nobody would get ill but thats not the way we work.
Human error is just part of life.

[Shadow Wolf]

I don't know how to react. He should be grateful it's not cancer, allthough I can see his anger over a mis-diagnose. Nobody made him sell his possessions though, so he could live to the fullest.
If he were told he could "just live with it," then I could see him getting angry and wanting to file malpractice suit.

[Mike182]

no, he shouldn't. at best he can claim on his insurance...

[michel]

Originally Posted by Luke Wolf

Nobody made him sell his possessions though, so he could live to the fullest.

That, I believe, is the clincher; he even stopped paying the mortgage on his property, thinking "what the heck ?"

Originally Posted by Mike182

no, he shouldn't. at best he can claim on his insurance...

I don't see that there is any form of insurance that would cover that situation; besides, as Luke said, it was his choice to do what he did.

As far as his property is concerned, he gave it away (or sold it), so his contents insurance would do him no good whatsoever.

Originally Posted by darkpenguin

No he shouldn't, Jeez if doctors got it right all the time then nobody would get ill but thats not the way we work.
Human error is just part of life.

Quite right; that actually (a doctor making a mistake) happened to me, but I didn't pursue the matter because I thought that we are all fallible..............

When I was in the recovery room (from having a new hip joint to replace my own badly worn one), the anesthetist forgot to give me morphine. I can still remember hearing my own screams of agony as I came round.

(Just to explain, hip joint means a 18-24 inch cut, the main leg muscle being cut through - and then re-joined - the top of the femur had to be sawn off, and a steel "wedge" (to hold the new prosthesis) had to be hammered into the femur as deep as possible).

I can't remember the pain (I think that must have been so intense), but I can still clearly hear my own screams.........but, so what? the guy made an honest mistake.

(as did the surgeon who managed to badly crack my pelvis during the op).

[Terrywoodenpic]

No he should not...

He was even lucky to survive pancreatitis. many do not. It is a very serious condition.

No one told him to be irresponsible and cash in every thing and spend up. and it seems he had a real fun time with his money. As they say you can't eat your cake and have it to.

Doctors can only give their best diagnosis, It is not an exact science... he is very lucky they were wrong.

I suspect he will now try to spend the rest of his life sponging off the State.

[fullyveiled muslimah]

Originally Posted by michel

That, I believe, is the clincher; he even stopped paying the mortgage on his property, thinking "what the heck ?"

I don't see that there is any form of insurance that would cover that situation; besides, as Luke said, it was his choice to do what he did.

As far as his property is concerned, he gave it away (or sold it), so his contents insurance would do him no good whatsoever.



Quite right; that actually (a doctor making a mistake) happened to me, but I didn't pursue the matter because I thought that we are all fallible..............

When I was in the recovery room (from having a new hip joint to replace my own badly worn one), the anesthetist forgot to give me morphine. I can still remember hearing my own screams of agony as I came round.

(Just to explain, hip joint means a 18-24 inch cut, the main leg muscle being cut through - and then re-joined - the top of the femur had to be sawn off, and a steel "wedge" (to hold the new prosthesis) had to be hammered into the femur as deep as possible).

I can't remember the pain (I think that must have been so intense), but I can still clearly hear my own screams.........but, so what? the guy made an honest mistake.

(as did the surgeon who managed to badly crack my pelvis during the op).

Oh my my my, you are a forgiving soul and better than me, cuz I would have owned that hospital. The morphine I could forgive but not cracking my pelvis. That would have gotten a malpractice suit going. Then again this is coming from a person who plans to slip and fall the next time I go to the store and see anymore cottage cheese sitting there.

[Terrywoodenpic]

Originally Posted by michel

I can't remember the pain (I think that must have been so intense), but I can still clearly hear my own screams.....
.

That is an interesting comment...
It seems we have no way or recording our pain in our memory.
We can remember the horror of it, how long it lasted, what caused it but not the pain itself.

Doctors have a habit of asking us to describe our aches and pains, but unless they are ongoing we never can.

A bit off topic but I followed the lead.

[CaptainXeroid]

Originally Posted by Terrywoodenpic

... No one told him to be irresponsible and cash in every thing and spend up. and it seems he had a real fun time with his money....

This is exactly what I was thinking.

I have known of many people who have been diagnosed with a terminal illness, and most of them 'tidied' up their affairs, and made arrangements for their bills to be paid and fu