|
Heather Anderson lives with the kind of agony that would send most people mad. She has been in pain for five years after what was intended to be a relatively minor surgical procedure.
Believing she was having a simple 1cm hernia on her right side corrected, she awoke at Mercy Ascot Hospital to find she'd been cut open from belly button, across her stomach and up between her breasts. Fibreglass mesh had been sewn to her intestines.
The consent form Ms Anderson signed was for the repair of a ventral hernia over her right hip. The post-operation report by the surgeon notes that he repaired incisional and umbilical hernias.
The surgeon admits an oversight but has avoided serious investigation or censure. The Health and Disabilities commissioner has refused Ms Anderson's complaint against the doctor and the Accident Compensation Commission has also turned her down.
Ms Anderson's story began more than 20 years ago after an operation to remove her gall bladder, which left a persistent incisional hernia. On January 30, 2004, she had surgery to fix the lingering problem.
The surgeon wrote to ACC in March last year, explaining he carried out the undiscussed explorations to check for stitches left behind or entrapped nerves with the abdominal wall. He acknowleges that he could have improved the "transparency'' of the process by separating the procedures on a written hospital consent sheet and said: "This was an oversight on my part.''
Ms Anderson believes the surgeon went on an unapproved exploration of her chest, stomach and bowel area.
Health and Disabilities commissioner Ron Paterson found the surgeon did not provide adequate documentation of consent for the additional procedure. "I accepted [the surgeon's] advice that he discussed this aspect of surgery with you verbally,'' he wrote to Ms Anderson. "I also accepted his explanation for performing this procedure at the same time as repairing the ventral hernia.
"Although, potentially, this aspect of your complaint constituted a breach of the Code [of consumers' rights], I decide not to commence a formal investigation as I was of the view that [the surgeon's] treatment of you was appropriate and a formal investigation was unnecessary in the circumstances.
"An education letter was sent to [the surgeon] as an appropriate way of resolving this outstanding aspect of your complaint.''
Adding to the hurt, Ms Anderson was told within a short time of complaining to the Health And Disabilities commissioner that ACC had declined her claim.
"I had a perfect stomach before all this,'' says a bitter Ms Anderson. "I wore bikinis.''
She has sought reviews of her case. An ACC lawyer found last year: "The components of the claim - a failure to obtain informed consent causing personal injury, are not established.''
This week, Ms Anderson has written a plea to a broad range of medical authorities and politicians trying to find someone willing to hear her case.
She feels that New Zealand's medical fraternity and public health insurance system have let her down. "I'm left in pain all the time,'' she says.
Ms Anderson placed a small classified newspaper advertisement last month, asking others with surgical horror stories to write to her at: P O Box 15-811, Auckland. She's been heartened by the response already.
The Aucklander
|
Show/hide comments
Show/hide comment form