Summary of the Independent Medical Legal Opinion
(For more Personal Accounts please click here)
We were categorically denied a meeting with anyone involved in my 'care' at the hospital. The doctor that allegedly authorised the TOTAL abdominal hysterectomy, has never had the courtesy met me, and refused to answer any of my questions even by letter. If I passed him in the street I would not know him. My husband only briefly met him when he told my husband, your wife is alright, by the way we have given her a hysterectomy.
It took us about 4 years to find someone to go over my notes with us, answer as many questions as we could think of and examine me.
I had a few conversations with the doctor over the telephone and sent him my notes. My husband and I travelled 400 miles and our child spent his first night away from home.
He could not find any grounds for the caesarean that I was forced into. If he had been my doctor he said he would not have been happy with a homebirth but he would have expected not problems with a vaginal delivery and I would have been able to go home a few hours later. He found it hard to believe that I had been forced into the caesarean the way I had until we found a little piece of paper that confirmed my version of events as opposed to the very waffly parts of my notes that can be interpreted in almost any way.
(Unfortunately due to one compete lie written in my notes by a midwife that claimed to be pro homebirth! that also reduced our chances of taking legal action dramatically!)
With the amount of blood that I had lost prior to them talking about taking me back into theatre he would not have taken be in. He gave facts that a new mother can loose at least 2 units of blood before the bone marrow even starts to make any more. If I had gone back in and he had been there he said ‘I would have packed the uterus and gone for a coffee’. As we had thought and as this doctor of over 30 years experience said there is no point applying pressure for a few seconds for a couple of minutes and then taking it away. The bleeding with not clot that way. It has to be applied for a good period of time.
He did not believe that the hysterectomy was necessary unless they had created SO much damage that it was their only option. He spent a lot of time listing all the tings that they should have done but did not, and that they did and should not have done.
We asked if this was the case did we have a legal case. Unfortunately due to the way the legal system works and the way the notes are written we can do nothing.
With regard to the fact that I specifically refused consent, again we can do nothing. I asked if I had written it on the form would it have made any difference. He said if they claimed I was dying – no.
I asked if an expectant mother is adamant that she does not want a hysterectomy under any circumstances, and would prefer death if that was the only option, how can they make sure their views are adhered to.
The answer is that you need a legal document, similar to those carried by Jehovah’s witnesses. Instead of it being about blood it is regarding for the hysterectomy not to be done under any circumstances. A copy of this needs to be in your notes. Amending the consent form will NOT protect you!
We are trying to obtain an outline of this document for those that may wish to take this path.
We asked if he could give a reason as to why they took my cervix. He tried the – the risk of cancer however when I stated the fact that this argument went out of the window when smears were introduced he stated he could not give any justification for it.