No case for complain against hospital?

My family member did a health check and had a high PSA count. He went to a local hospital and was advised to go for a prostate biopsy. the procedure is relatively safe and it is an out-patient treatment whereby a device goes through the rectum and retrieves 10 small samples. However, my family member got a complication after a few days and bled a lot of blood, and even had a blood transfusion. The doctor say that it may be due to the device pricking into a vein or an artery. Such cases, he described after the bleeding incident, happens only 3% of the time. However, online, I read that the chances are less than 1%.


Another problem is that this family member of mine signed an Indemnity form. I believe this relieves the hospital from responsibility but I am furious that this happened. Because of this procedure, a lot of inconvenience is caused. Is the hospital free from all complains and legal suits?

Another addition. After he was hospitalised for 4 days, the doctor said he was fit to be home. However, he was bleeding profusely again after 1 day. The doctor has discharged him and allowed this to happen. How can this be? Does this mean that with 1 indemnity form the hospital can simply slacken on their checks? It is painful not just for him but for us, his family members as well. I believe that the doctors are not paying enough attention.

Years ago, when I was a solicitor in England, I used to practise personal injury litigation -- including prosecuting claims for medical negligence. It is true that, on occasions, something "goes wrong" because the doctor slips below the standard of care required of them entitling the injured party to sue for damages and compensation. But, just because something "goes wrong" does not necessarily mean that a doctor has been negligent. A mere error of judgement will not, of itself, constitute negligence. And just because something has "gone wrong" does not mean that there was an error of judgement in the first place. Medical intervention inherently involves risk -- that is why hospitals require patients to sign a consent form. The practice of medicine is a difficult one. Doctors are not miracle workers. Usually, they do the best they can in difficult circumstances. Sometimes things do not go as anticipated. Sadly, there are too many people who are too quick to find someone to blame when something has "gone wrong". Sometimes they simply want an acknowledgement of fault and an apology but, all too often, they are just looking for money (as if money would put things right. This has resulted in doctors practising "defensive medicine" where they are afraid to undertake or recommend a course of treatment which carries an especially high risk fearing that they might well find themselves being accused of negligence. Of course, where a doctor has been negligent, there is a legal remedy. Whether it is worth pursuing that remedy is another matter -- there is the burden of proof and the fact that , in the absence of a blatantly clear case of negligence, a hospital's insurers will usually make the complainant prove the case in court -- a very expensive and risky exercise, which might fail and result in the complainant having to pay the hospital's legal costs. So, although I sympathise with your family members pain, just because something has "gone wrong" does not mean to say that the doctor can be blamed. Sometimes it is better just to concentrate on helping the patient along the road to recovery rather than casting about for a scapegoat.

The reply from foxmulder is excellent advice.Read it carefully.


The issue is not whether there has been a complication(complications are always possible -please be realistic) it is whether the doctor explained the risk beforehand and secondly was the doctor negligent in some way in carrying out the proceedure.


Bleeding post prostate biopsy is a well recognised complication-very sorry that your relative had it but thats just unlucky for him he was in that small percentage group that do. be thankful its over & move on with your lives for goodness sake.


It would be unlikely the doctor never mentioned these common complications a priori and he will in all likelehood have recorded as such in his notes. Furthermore it sounds like the compliation was competently dealt with.


You are being unreasonable and just looking for someone to blame and picking the person you should least blame.Next time you have a medical proceedure (and you almost certainly will at some stage)then tell the doctor you expect %100 percent success and no chance complication.See how many are willing to do the proceedure for you or your relative.


I am quite sure you relatives doctor is just as dissapointed that a complication has arisen-don't you think he was also doing his utmost to avoid it?


Fortunately your ugly attitude is not so common.