My Medical Negligence Story
Acute Pancreatitis complicated by Gastrograffin Placement into left lung
Situation:
Hello, my name is Terry Lindsay. On the 20th of January 2000 I was a relatively healthy 42 year old. I was a bit over weight (92kg) for my height (1.72m) a non- smoker (never smoked) and virtually a non - drinker. A carton of beer would last me for a year and I seldom drink spirits or wine. On the evening of 20th January 2000 I was developed severe abdominal pains which were very painful. My wife drove me to hospital where I was admitted - the diagnosis being "Acute IdiopathicPancreatitis". Alcohol abuse and gallstones are the two main causes of acute pancreatitis accounting for 80 - 90% of all cases. I had none of these so my condition was called "idiopathic" which means unknown cause. I was given morphine to help with the pain and put on a drip. My condition was initially stabilized and approximately 8 hours after my admission it was decided to search for complications of pancreatic necrosis and a naso-gastro tube was passed. The tube was supposed to go into my stomach but tranversed into the lower lobe of my left lung and 400mls of 3% diluted gastrograffin was placed into my lung. Following this I became grossly unwell with hypotension, hypoxia, tachycardia and oliguria. I suffered multiple organ failure was intubated and had a trachyostomy. I was transferred to another hospital where I endured 6 weeks in ICU and another 2 ½ months in hospital.
As of May 2010 I have endured 23 operations, most of these to remove dead pancreatic tissue. I also have had extensive physiotherapy to try and improve my frozen shoulders. I am a type 3c diabetic, which means I have no pancreas and survive on insulin injections, pancreatic enzymes and tablets. I have an ugly distended abdomen which is still painful & uncomfortable even after all these years.
The hospital that made the mistake have admitted liability but my case is a lot more complicated than it first seems. It appears that Acute Pancreatitis can develop into necrotising pancreatitis (usually in elderly men) and in turn cause multiple organ failure - all of which I suffered. I have established that the gastrograffin placement into my left lung would not have helped my situation and most likely made it worse, as it introduced hypoxia which starved my body of oxygen.(Please read "medical opinions" for more information. In my opinion this then affected my pre-existing acute pancreatitis and all of the subsequent problems associated with it. It is estimated that the hospital's mistake has took 15 years off my life.
Dr Matthew Carmody
This man saved my life and performed/oversaw all of my 23 operations.
I have all of my medical records on a CD ROM and have sent it to numerous experts for an opinion but they either skate around the questions asked, don't tell all of the facts or say it's beyond their level of expertise. I have had lawyers that seem extremely interested in my case and then drop me with no reason and others that don't do anything to assist me with my case. Everything that you see on this website is my own work. I can't believe how frustrating it is!
I feel that Queensland Health are well aware of the medical consequenses of introducing severe hypoxia to a patient who was already suffering acute pancreatitis but they also know that is going to be near impossible for me to find an expert to quantify how much of my condition was caused by their mistake and how much by my pre-existing acute pancreatitis. I have wrote to them asking if they would like to come a reasonable financial settlement but have been reffered back to my lawyer. It appears that Queensland Health would rather waste tax payers money on expensive legal fees rather than dealing with me direct. I'm fairly sure that they (Qld Health) are waiting until I die because they know that the case will die with me. It has been over 10 years and nobody has approached me to discuss a settlement except in the very beginning when they admitted liability and offered my $5,000 AUD - I of course refused!
I was represented by Johnthan C Whiting Lawyers but felt that they lack the expertise in medical negligence that is required to deal with a complex case such as mine. I have approached other lawyers but they feel the case is too difficult or not within their level of expertise.
I am also interested in hearing the stories of other sufferers of medical negligence.
In March 2010 I decided that I was getting nowhere with lawyers and wrote to Queensland Health to try and come to a fair settlement for my pain & suffering and loss of income. You can read the letter and their response here. Also estimates of my pain & suffering and loss of income. I also went to see my local MP who wrote to Queensland Health and this was the reply.
Since then I have wrote numerous letters & received replies. Most of these seem to ignore the medical opinions that I have obtained stating how dangerous gastrograffin placement into the lungs can be, especially with a patient already suffering acute pancreatitis.
You can read them below:
Letter & Response May 2010
Letter & Response March 2011
Letter & Response Aug 2012
Letter & Response Sep 2012
If you have taken the time to read the letters & reponses above you will see that Queensland Health are not interested in taking responsibility for the mistake that one of their hospitals made and refuse to acknowledge that it would have contributed in anyway to my overall condition - despite all of the expert medical opinions to the contrary, that I have gathered over the years.
I realise that a lot of time has passed and I have not actively persued my case. This is due to many factors - mainly financial, emotional & medical. As I was unable to work for quite a number of years I have had very limited financial resourses to pay for expert medical opinions. I have had to deal with my marriage breakup after 24 years, the loss of my home, my business & bankruptcy. I also have had to endure further operations, deal with ongoing depression, diabetes & lung problems.
I don't feel that time should have anything to do with it. The hospital made a mistake that nearly caused my demise. They are very aware of how dangerous the chemical gastrograffin is when put into the lung. They also are aware that this would have made my pre-existing acute pancreatitis worse, but because I am unable to find a medical expert to quantify how much it contributed, they are not prepared to offer me any financial compensation, which I feel is extremely unfair!
My next step is to take my case to the media including using social media to tell my story. I know it's a cliche but it's really not about money! I feel it's extremely unfair that a hospital can make a near fatal mistake and not be held accountable. I have to suffer with constant pain, an ugly distended abdomen, diabetes all through no fault of my own. My medical records state that I was recovering well until the gastrograffin was placed into my left lung. This caused severe hypoxia which complicated my pancreatitis. It is well documented on how dangerous gastrograffin is when aspirated or placed into the lungs. It is unfortunate for me that I was already suffering acute pancreatitis at the time of the gastrograffin instillation- because I cannot find an "expert" to quantify what percentage of my overall condition was caused by their mistake and what by my pre-existing pancreatitis. If I had been admitted to hospital with say an ingrown toe nail instead of acute pancreatitis, then there would not have been a problem - because an ingrown toenail does not cause similar problems to the gastrografin placement into my left lung. Gastrografin placement in the lungs causes severe hypoxia, pulmonary oedema, multiple organ failure & death.
Well on the 16th of June 2015 I was diagnosed with emphysemea in both of my lungs. This was following months of tests to find out why I have been short of breath. I have never been a smoker and have not been exposed to second hand smoke or industrial chemicals - except of couse the chemical gastrografin which was placed into my lung over 15 years ago. is it possible that the gastrografin has contributed to my emphysemea? If anybody has any information regarding a connection please email me. After speaking with medical specialists the concensus is that the gastrograffin placement would have definetely contributed to my current emphysema and would be difficult to disprove in court. In the late 1970s and 80's I was in a band and played at many venues where the air was full of cigarette smoke. In those days you were allowed to smoke in clubs, so I definitly inhaled some passive smoke.
16.7.15 It seems that my original claim is still in the system. To re-open it would need a barrister & lawyer and to go before a judge, costing at least $50k! With no guarantees of success. I am unable to open a new case as my statute of limitations have expired!
I have given up trying to get compensation. I would just like people to know my story and how unfair the system is.
December 2021 - Hospitalised with pneumonia.
November 2023 - Hospitalised with pneumonia - The doctor at the hospital compared the xrays from December 2021 with my current xrays and noted a significant change in my lung which he wants investigated.
My local GP sent me for a lung xray and chest CT scan.
December 2023 - My scans show that I have lung disease. The alveoli (air sacks) in my lungs are being destroyed by the disease. It seem that the disease is in the early stages but there is no cure. I will end up struggling to breath and on oxygen.
Did the gastrograffin placement into my lung in January 2000 have anything to do with this? Who knows what the long term effects of gastrograffin are? There is no way of proving this - anyway my statute of limitation have expired so I have no hope of compensation.
I just have to put it down to bad luck!
I would very much appreciate hearing from other sufferers of medical negligence, lawyers who specialize in difficult medical negligence cases and doctors who are not afraid to comment on my situation. Please feel free to email me.
My illness caused me to lose my business and my career as a professional entertainer. I studied again to get back into the workforce and started a computer business. Unfortunately my 24 year marriage finished and I ended up losing my house, car & business and went bankrupt. I'm not trying to blame this on what happened to me but it certainly contributed! I'm sure Queensland Health are well aware of my financial position and that is why they are not prepared to offer my anything - In late 2011 I stated a Technology Training business where I teach the middle aged and elderly how to use computer technology. I'm not making much money but I enjoy the job immensely and it keeps me busy.
I have given up trying to get compensation from Queensland Health. My statute of limitations have expired! All I can do is to let people know about what I went through and how unjust the system is.
If you have a similar story, please share it.
Rita Elizabeth Lindsay
5.3.37 - 27.4.16
