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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I underwent surgery on my cervical spine having total disc

Customer Question

I underwent surgery on my cervical spine having total disc replacement and cord decompression. The surgeon used a new technique using total disc replacement. The prosthetic disc he wanted to use was made up of metal on metal containing nickel. I was unwaware of this but my medical insurers declined authorisation. The surgeon submitted a further fax for authorisation naming a well know prosthetic disc and gained authorisation. However, when he carried out my surgery he used the unauthorised implant. He falsified his paperwork to my medical insurers naming a recognised implant to gain authorisation, I was told nothing and then he carried this falsified information when writing to my GP naming the implant my medical insurers had authorised as the implant used (this was not metal) I then suffered serious consequences and it was only by seeing a top Neurosurgeon I learned that I had a metal implant in my neck which was not acceptable. My question is - Is this a criminal offence to falsify paperwork to gain money by deception from my medical insurers. Furthermore, is this a criminal offence to use an implant on a patient without them knowing what it is and any possible side effects, and how serious is this offence to then continue to lie about the implant used in the letter to my GP informing him of the surgical procedure I had carried out. Neither my GP or myself were aware that I had metal in my neck.
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Was the new procedure discussed with you?

Or was it just the implant you were unaware of?

How do you know paperwork is false?
Customer: replied 3 years ago.


The procedure for my surgery was changed at the last minute as the surgeon had just returned from Germany having trained on this new technique on dead people, so I was the first. All I was told was that I was having an implant which was much better for me than fusion as there was less drilling and therefore it was gentler surgery. I was originally having 3 level surgery as all levels required surgery and I ended up having the implant removed and 3 level anterior cervical disectomy with cages.


 


I was told nothing about the implant itself and therefore I did not know it was metal or any of the possible side effects. My body rejected the metal and within 12 weeks my spinal cord was severely compressed again as a substantial inflammatory mass had grown around the implant which had to be drilled away before the Neurosurgeon could reach the implant to remove it. The implant is viewed as unsuitable by the majority of surgeons in this country (85%) and was not authorised for use.


 


AXA PPP have been very supportive and are assisting me with this. They have supplied the paperwork requesting authorisation from Surgeon the first dated 30 April requesting the Cervicore by Stryker disc which was declined and the second dated 1 May naming a well know disc ProDisc C which they knew would be authorised. I then have a copy of the letter to my GP written 3 days after my surgery and explaining what surgery I had undergone and naming the implant as ProDisc C. All paperwork has come from my medical records and my GP is aware of the situation. I had to have the implant removed. ProDisc C is not metal and I was given the metal Cervicore discs after they were removed.

Expert:  UK-Justice replied 3 years ago.
Thank you. I realise that this is stressful.

It is a criminal offence yes to falsify paperwork.

This is fraud by false representation. This is a criminal offence which he sound be sent to prison.

Fraud is where one person makes a representation for a gain to cause loss to another.

As to whether it is a criminal offence to use the implant, criminal no but civil yes.

This would be medical negligence or breach of contract by false representation. This means it is misrepresentation and you could sue for negligence and breach of contract.

But for that you would need to see a solicitor to draft proceedings and present your argument in court.

I realise this is stressful but hope this helps.



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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Hi, yes it has been very stressful. Following the multi-level surgery I then had to undergo, to remove the implant plus have the surgery at the 2 other levels carried out, I have never recovered. The spinal cord was severely compressed once again behind the implants, plus the nerve root compressions at the other 2 levels had been left untreated for 2 years and so my spinal cord suffered too much trauma. I am now severely disabled due to this and I ran my own hairdressing business which I can no longer do and my youngest child who was 10 years old this January, has not had a functioning mummy for the last 3 years whilst this has been going on.


 


I have been left with a chronic neurological disorder caused by spinal cord trauma and although it is not terminal, it is progressive and I have to take a lot of medications to control the pain and nerve symptoms where the nerves have been irreversibly damaged.


 


Did you mean to say in your answer "This is a criminal offence which he 'should' or 'could' be sent to prison"?


 


Thank you for your response.

Expert:  UK-Justice replied 3 years ago.
Could be sent to prison - it is not automatic and a matter for the court to decide on sentence.

I hope that clarifies.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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