Medical Negligence?


War Hero
I brought this up a while ago on here asking for help in tracking a 'wee bit of me down' an, alas, nothing came of it. I dont like doing this, have never claimed or pressed charges for anything in my life but feel quite badly done by here:

Right, the story so far. 18 Months ago whilst in deepest, darkest Helmand province I went to the biff chit farm with a dodgy mole (recent history of skin cancer in both parents), just to be on the safe side. The Doc agreed it looked dodgy, warranted removal and further investigation via a biopsy.

To cut a long and boring story short, the feckers lost it. I have tried everything I can to hunt the little bit of Choff down but, he left no forwarding address.

So, I am still none the wiser ref whether there was anything to worry about and still no one has said, "Oops, sorry there big fella, we lost it". Does this constitute Medical Negligence? If so, can I get anything done about it?
I think you could do with researching a little case law. Mulcahy v Ministry of Defence (1996) refers to a RA Gunner injured in the 1 st Gulf War where a Sergeant for the benefit of Kate Adie (I believe), let fly with one of the guns when Gunner Mulcahy was in close proximity. This caused him serious hearing damage. The case set a legal precident which meant he could not be compensated for negligence.
However, I think from what I have read that this may not necessarily be the end of the story. I think, if it were the legal route you wished to follow you would be better off contacting a lawyer specialising in this area of law.

As to the question as to whether negligence occurred, and not knowing the full circumstances, that is always going to be for the courts to decide.

More importantly though, seek some medical advice. Wishing you all the best.
contacting an outside agency whilst still serving is not the correct route to go down. You need to go and see your current MO and outline the situation and explain that are contemplating making a formal complaint. It is not negligence, per se, as you were given the care required up until a certain point. Your medical care however has been mismanaged and and the fact that you had to conduct your own investigation into the where abouts of the specimin is unjust to say the least. Unless there were robust procedures in place for the transport of pathalogical specimines the MO should have sent you to the hospital for the biopsy rather than the sample. The fact is that there has been a failing in the medical systems, you have to flag this up. Should it have turned out that you had a malignancy this would be very serious indeed, I would advise that this fact is made very clear to the MO, the fact that the test result is still unknown is obviously distressing for you another fact that needs to be raised and made abundantly clear. To put it into context should it have been a cervical smear that went missing would the Army Medical Services be showing a similar disinterest??

Good luck.


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