An acquaintance was diagnosed with intestinal cancer around Christmas 2012. She was operated on in the beginning of 2013 and once she had healed began a rigorous and long course of chemotherapy which she completed in November. She was given a break for the holiday season and is due to start radiation therapy now. Yesterday she went in to have the preparation work done for this therapy. At some stage of the day she was told not to leave the center where this was being done as there was a problem and the doctor needed to see her urgently.
After waiting for said doctor to clear his/her dairy for the day she was informed that the X-rays from earlier had shown that there were a pair of forceps or scissors that had been left in her bowel area when they operated necessitating an operation to remove them before any radiation can take place.
When being admitted to a Private as opposed to a State hospital the admission forms have a waiver absolving the institution and its employees from all and any claims of omission, negligence and malpractice. Our Consumer Protection Act appears to allow this and in a recent case our Supreme Court upheld the validity of this section of the admission form if the patient or their representative signs without crossing the section out. The pressures on those being admitted to hospital for any reason should not include having to have the legal nous to look for these clauses in the “contract”.
I am pissed that people are expected and do sign away their rights. I am pissed that the staff working in the operating theater cannot do their jobs and account for all the equipment used in the performance of their jobs. I am pissed at a woman who has been through so much should have the additional burden of having to face an operation that should have been unneeded!
Now I ask what recourse do these people have. The surgeon who performed the operation has stated that he will do the operation to remove without charge as will the anesthetist, the hospital on the other hand will admit no fault and will be charging for all services provided to repair the incompetence or whatever of their staff. Any ideas will be most welcome.
After waiting for said doctor to clear his/her dairy for the day she was informed that the X-rays from earlier had shown that there were a pair of forceps or scissors that had been left in her bowel area when they operated necessitating an operation to remove them before any radiation can take place.
When being admitted to a Private as opposed to a State hospital the admission forms have a waiver absolving the institution and its employees from all and any claims of omission, negligence and malpractice. Our Consumer Protection Act appears to allow this and in a recent case our Supreme Court upheld the validity of this section of the admission form if the patient or their representative signs without crossing the section out. The pressures on those being admitted to hospital for any reason should not include having to have the legal nous to look for these clauses in the “contract”.
I am pissed that people are expected and do sign away their rights. I am pissed that the staff working in the operating theater cannot do their jobs and account for all the equipment used in the performance of their jobs. I am pissed at a woman who has been through so much should have the additional burden of having to face an operation that should have been unneeded!
Now I ask what recourse do these people have. The surgeon who performed the operation has stated that he will do the operation to remove without charge as will the anesthetist, the hospital on the other hand will admit no fault and will be charging for all services provided to repair the incompetence or whatever of their staff. Any ideas will be most welcome.
