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Old 12.08.2020, 10:55
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Hospital 'forgot' to do 2 things during my surgery.......

So without me giving too much information, last september i went to a gyn. for a check up - long story short, the poop hit the fan. Test after test later i was considered high cancer risk, on top of not being able to conceive due to numerous reasons and i needed surgery asap, surgery was scheduled for 19th November. My dr wrote to them telling them everything she found, everything she THOUGHT she found, and things they need to check. 1 of the procedures was to remove something literally preventing me getting pregnant. My surgery didn't go fully to plan (complications) either. Anyway, fast forward to 6 weeks later at my post-op check up and my doctor see's something on my ultrasound..... so, i go back again every week! for the next few weeks for her to monitor if it changes/comes & goes in line with my cycle... it didn't. In the end she said let me see if i can see it on your first scan and oh what a surprise there it is! then she double checked her referral letter to the hospital and it was right there - she specifically told them to confirm it is what she thinks and if so, remove it! (its preventing pregnancy!) so, mid February i was told i will be now referred to fertility clinic and they arrange another surgery - i was like WHAT? i have to have another operation? she told me yes it can't stay there you won't get pregnant - and also, after *sort of* getting the all clear in my post op appointment she told me considering my age (36, now 37) i should not even wait 6 months to get pregnant. So i was given my appointment in fertility clinic mid March but oh hello, corona.... it got changed to a phone appointment 30th March and I was prescribed tablets to try and make this thing go away by itself and then once everything was 'back to normal' i'd have my in-person appointment - which i finally had first week of June. I had a scan, it showed this thing there still & bigger, she tried to get me seen by the hospital asap but i had to wait till 7th July for my op. Anyway, I opened a complaint with Swica (against the hospital) as last year my franchise was 2000 and I spent most of this on my operation + 10% of the all bills over my franchise. Now Swica and me would have to pay AGAIN for another surgery when they should have done this last year! (my doctor checked all paperwork, she told them to do it, and in the results they didn't even mention they'd looked into it, she was livid). Swica contacted my dr and the hospital, looked into all the reports, then took it to their lawyer..... last week Swica came back to me and said their lawyer doesn't see a case because the dr didn't physically hurt me..... emotionally/mentally isn't enough, apparently! I was told in my first appointment at the fertility clinic i'll probably have to go straight to IVF now as I waited (I DIDN'T CHOOSE TO WAIT!) to get pregnant! and told me it costs 8000chf!



does anything think it's worth me actually persuing this with a lawyer for compensation? for the stress of finding out they didn't do everything, it prevented me having a chance to get pregnant naturally, having to go through a second operation on top of all the costs i've had to pay from their mistake. I can't believe Swica doesn't consider 'forgetting to do something' harmful... (she literally wrote this in her email)
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Old 12.08.2020, 14:58
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Re: Hospital 'forgot' to do 2 things during my surgery.......

I‘m really sorry you need to go through all of this. It does sound like you have a case and you may win it, but the question I suppose is what will you win and will it have been worth it for you? Hospitals/doctors actually make a frightening number of mistakes, most never discovered, some due to the fact medicine isn’t always an absolute science and some due to the ridiculous pressure of ‚efficiency‘ in the system. Hospitals all have insurance and I imagine they might agree to settle quite early on if approached by a lawyer but I have no personal experience on this. If I was you though, I think I would seriously balance this against the stress, time and possible costs, at a time where you clearly have other priorities regarding your wish to get pregnant. Switzerland isn’t a pro-litigation country, it would be a tough road for you. I would probably try to move on and focus on what to do next that is in my best interests. Good luck, either way, look after yourself.
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Old 12.08.2020, 15:55
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Re: Hospital 'forgot' to do 2 things during my surgery.......

The only compensation you'd be likely to get would be the additional costs you incurred. But ultimately it's up to the judge.

Litigation is a very risky business and can cost far more financially and emotionally than you would gain.
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Old 12.08.2020, 16:10
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Re: Hospital 'forgot' to do 2 things during my surgery.......

This sounds like a really frustrating experience, I am very sorry for you.

One problem you are facing is that every single service that is done in a hospital must be billed to someone. It's not like a dispute with a small business owner who might offer to do work to repair an unsatisfactory job for free. As an example, I recently took my car to the garage to have it serviced for its expertise (MFK). It failed the expertise on four points. I took my car back to the garage and they agreed to repair these four problems for free, as they had guaranteed their original work.

But with healthcare it's different. Who are you expecting to pay for your second surgery? Are you hoping the surgeon will agree they made an error and suggest that you send the bills to them, which they will then pay out of their own pocket? Do you want the hospital to pay? Their insurance to pay? As frustrating as this is for you, as Capetownian said, medicine isn’t always an absolute science, and no treatment comes with a guarantee. I don't think your problems amount to gross negligence to the extent that you can sue someone, especially over such a relatively small amount as 2000.- CHF.

I agree it's not really fair, and it's probably not what you want to hear, but from what I know about how things work in Switzerland you don't really have a case worth pursuing.
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Old 12.08.2020, 20:19
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Re: Hospital 'forgot' to do 2 things during my surgery.......

If anything, see if the hospital can bump you up to a half-private/full private room. I'm really sorry to hear about your dilemna and wish there was some way to reverse it all.


May I add something that made me smile as I started reading your post? I took your first sentence literally since this indeed may be something that can happen at the gynocologist's.


So without me giving too much information, last september i went to a gyn. for a check up - long story short, the poop hit the fan.

If it had only been that.
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