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I noticed form the beginning that he wasn't ordering enough or frequently enough to be making any money, and was suspicious he was doing his own orders on the sly and ordering just enough from me to keep my happy.  I checked with my printer, which I've been with for 20 years, and he sad he wasn't getting orders for my images from anyone else. I emailed a few other printers to ask them to keep a look out for some images but I soon realised this would be impossible to police.  The only option really would be to buy a print from him and check the stamp on the back of it.  I finally managed to get hold of on the prints on sale, and sure enough, he did not order it through me.   In the contract he signed in 2022 it explicitly states that he must destroy all files I had previously sent him etc etc so e is in breach of that.  When I drew up the contract, I was careful to make sure it was legally binding, but before I let rip at him, I need to know where I stand.  The contract is here: PARTIES This WHOLESALE AGREEMENT (“Agreement”) is made effective as of 30th June, 2022, by and between ############################## The Supplier and the Client, collectively referred to as the "Parties," hereby agree to the following terms: TERMS AND CONDITIONS SALES OF GOODS The Supplier agrees to provide the following goods to the Client (“Goods”): Description of Goods ################################# Doc ID: 3d54c1d336d8780243801e0e068ebd33114b088b BOTH PARTIES AGREE: The Client purchases the Goods through the Supplier directly, and agrees to delete/destroy any previously held digital images (Goods) owned by the Supplier, and agrees not to use any such files for monetary gain, outside of this agreement, either directly or through a third party from immediate effect of this agreement. The Client purchases the other materials necessary for resale of the Goods independently of this agreement. The Client shall have exclusive rights for resale of Goods at ###########, and also with permission, as a retailer of the Goods elsewhere, provided that there is no conflict of interest between the Supplier and the Client. The Client is free to decide their own retail prices, for the Goods. The Supplier shall use #####  to provide the printed Goods on Fujifilm Crystal Archive paper, with Lustre finish, and will not use any other Printer unless #### cease to trade, without prior approval from the Client. The Supplier shall not impose restrictions on size or frequency of orders made by the Client. The prices provided by the Supplier shall not increase for a minimum of 3 years, unless the prices of the raw materials rise, in which case the client will be informed immediately. Any discounts/promotional prices of raw materials shall be passed on to the Client by the Supplier, and the invoice will show adjustments for this, as well as credit for return postage of any damaged goods. This agreement can be terminated by the Client without notice; the Supplier must give notice of no less than 90 days, unless the terms of the agreement are breached, in which case, the agreement can be terminated with immediate effect. PAYMENT Orders must be paid for upon receipt of invoice, via Bank transfer: ######### Doc ID: 3d54c1d336d8780243801e0e068ebd33114b088b DELIVERY AND INSPECTIONS All orders received by 12.00am (midnight) shall be processed by the Supplier the following working day and delivery of order shall arrive in accordance with the Royal Mail schedule, or DPD, should express delivery be requested. The Client shall be liable for the delivery charge which shall be added to the invoice. The Goods will be delivered to the address specified by the Client. The Client shall be provided with order tracking, and should any problems arise with the ordering system or the couriers (Royal Mail, DPD), the Client shall be informed without delay of any such issues. The Client will inspect the Goods and report any defects or damage to the Goods in transit as soon as possible upon receipt of Goods, and will retain damaged Goods for return to Supplier for refund/replacement. GENERAL PROVISIONS CONFIDENTIALITY The prices of the Goods and other information contained in this Agreement is confidential and will not be disclosed by either party unless with prior written consent of the other party. INDEMNIFICATION The Client indemnifies the Supplier from any claims, liabilities, and expenses made by any third party vendors or customers of the Client. GOVERNING LAW This Agreement will be governed by and construed in accordance with UK Law. ACCEPTANCE Both parties understand and accept the wholesale arrangement stipulated under this Agreement. Doc ID: 3d54c1d336d8780243801e0e068ebd33114b088b IN WITNESS WHEREOF, each of the Parties has executed this Wholesale Agreement as of the day and year set forth above.   Signed by us both electronically.   I haven't broached any of this yet, and I am looking for some advice about what action to take.  The main issue I've got is that he has still go those images.  If I terminate the contract, I will need to know that he no longer has those images and I can't think of a bulletproof way to do this. I'm thinking I might tell him I will continue with the contract but ask for a  sum in damages and say that if I find out he's still doing it down the line I will terminate the contract and sue him for damages. The damages side of things I'm not sure how it would work as he is self employed, and I'm positive he doesn't declare all of his earnings to HMRC, in order to find out how much I have lost, would the court demand to go through his tax self assessments?  I'm not sure how to proceed with this, I don't want to lose that place as an outlet as it is in a prime spot in London, which is why I let him have those images in the first place as I would have had to pull out altogether at that point.  I am regretting it somewhat now though.  Please help.
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Nightmare Appendectomy


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I am currently in legal proceedings against the NHS regarding an appendectomy where I was taken to theatre much later than I should have been.

 

To keep the story relatively short, I was taken to hospital by my housemate on the Thursday morning after throwing up constantly since the Monday evening and I now had stabbing pains my left side. The hospital put me on anti-sickness drugs and a drip and said they would keep me in overnight for observation.

 

Overnight, the stabbing pains moved to my right side and I was in extreme pain. I was kept in a side room overnight where the Nurse Call button had been disabled - meaning that I had to phone the ward off my mobile on 2 occasions during the night.

 

On the Friday morning, two doctor's diagnosed me with Appendicitis and said I would be taken to theatre ASAP. Throughout the day, I was just given more and more drugs, moved to a different ward, made to feel like an inconvenience - and was taken to theatre once my appendix had "perforated", this was on the Saturday morning at about 4am.

 

I'm now left with a 4 and a half inch scar (as I am 5'3", it looks bigger :-( ) and was off work for 3 and a half months.

 

Do you reckon this case will go anywhere? Has anyone else experienced a smiliar situation?

 

Any advice would be helpful.

 

Thanks :-)

 

Michael

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It sounds like a nightmare for you, hope you are feeling better now.

 

Hospitals have to prioritise urgent surgeries, unfortunately it sounds like there were people requiring attention before you.

 

It may still be worth getting someone to look into it for you, you may feel better knowing that the Dr saved someones life while you were waiting to be seen.

 

Notice you are in Liverpool, just out of curiosity was it the Royal?

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Guest Lueeze

Sorry for your pain, the NHS is in free fall at the moment.

 

Would you have had the op and this scar in any case? Like the last poster said perhaps it was because someone was in more urgent need than yourself, not trying to make excuses, but when I had my last daughter by C-section, I was delayed almost the hwole day, as women who were not booked in and due to have a natural birth, had complications and about 5 women has ememrgency op's before me. Just an example...without proof its a toughy

 

Good Luck

 

Louise xxx

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Hi,

 

Thanks for your replies - I am a lot better now by the way :-). No one mentioned why there was a delay, they just seemed to ignore me when I asked a few days later. I do have lawyers looking into the case. I would feel better knowing that someone's life was saved whilst I was waiting, if they have a reason as opposed to an excuse that would be ok. I suppose time will tell. I'm waiting to hear from my lawyers at the moment.

 

In response to the 2nd post, I would have had to have the op, but the scar would have been the small standard appendectomy scar, horizontal, barely noticeable and about 2 inches long - nothing compared to what they have left me with.

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Guest Lueeze

So in affect because you wrre delayed you had to have a larger operation, I would be complaining.

 

Maybe seek advise of an advocate too, they can be very useful if you get a good one!

 

Lou x

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Well with any luck the lawyers I've got on the case will be good enough to get something out of it. I was referred to them by the legal side of my house insurance. So it's free :-) The lawyer in particular who is dealing with the case deals with Medical Negligence. I've sent her a detailed chronology of events along with photos of my scar and a Medical Report Access form. So I've got the ball rolling at least - let's see how it goes.

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  • 1 month later...

Good luck with this case. Unfortunately as said before the NHS is in a downward spiral (no excuse of course but ....)

 

As to the delays ..... short of there having been a serious cardio or pulmonary emergency (in other words immediately life threatening) I cannot understand it.

 

Appendicitis in itself is potentially life threatening as once the appendix ruptures there is always the potential for peritonitis or inflammation of the peritoneum, which is the membrane around the internal organs. this condition can be treated with antibiotics which makes it less dangerous than it used to be but there is still a risk of abscess formation in the abdominal cavity which will require draining and if left untreated can cause major problems.

 

As to the size of the incision (and thus scar) ..... its usually a 3 to 6cm horizontal incision made in the lower part of the abdomen on the right side, through which the appendix is removed so 4 and 1/2 inches doesnt seem too long (depends on the size of the appendix on removal).

 

As always no-one here can advise without knowing the full story (including the case notes etc etc ) and you are wise to have it professionally investigated.

 

As I said above good luck with the case and please keep us informed of the outcome.

 

PM me if you like. :)

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you may feel better knowing that the Dr saved someones life while you were waiting to be seen

 

Im sure thats very comforting to someone who has nearly died from Pertonitis, appendicitis IS life threatening esp if left thats why as soon as they know thats what it is theyre supposed to operate as if left there are complications.

 

sorry but there is no excuse for the catalogue of cock ups above.

 

Just having the nurse call button disabled in potentially fatal on its own ffs :mad: let alone not being operated on in a timely fashion.

 

the NHs is such a gamble at the moment the missus is in being monitored since thursday for pre-eclampsia and being looked after beautifully (still rather be home though lol) whereas her mum cant even visit her or the baby when it arrives as the NHS have given her MRSA and refuse to operate on her massive hernia saying she has a heart condition she lives 80 miles away

 

amazing the difference a few miles can make :(

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my daughter had an ectopic pregnancy and appendicitis op at the same time last year and only ended up with a scar 5cms long, also if your appendix was perforated you could have died from it so you should have been more closely monitored!! hope you get a result from all this!!!

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  • 2 weeks later...

Ok, firstly the call bell - no excuse for that being 'turned off' actually in all the places i've worked you cant turn them off (for obvious reasons) More likely is that i was broken - still not an excuse, they should not have been using a bed where the patient couldn't have summoned help. Sometimed what is percieved as a 'bell not working' is actually the fact that the nursing staff havent got time to help one patient before the next one rings and needs help. Not the nurses fault i hasten to add but thats not your fault either.

 

Delays getting to theatre - an all too common a problem. Most places run an emergency list which is kept seperate from the 'planned' operations list. You would have been on the emergency list.

 

Appendicitis - it can be a tricky one, not that easy to diagnose without an Ultrasound scan or a CT - did you get a scan?. Some patients with appendicitis dont ever get to theatre becasue it settles with analgesia and intravenous antibiotics.

 

Opperating theatres arent magical places where all your problems can be solved. Going to theatre has risks associated with it, no name a few...

- A general anesthetic

- Risks of post-op infection

- Cutting open an infected appendix and spilling pus all over your abdomen (slightly exagerated but you get the idea)

- peri-operative (during the operation) complications (heart attacks, blod clots, heamorrhage etc etc)

 

Given all the above sometimes it is somtimes in the patients best interest to 'sit and wait' to see if Theatre is necessary.

 

As for prioritisation there are many, many, many clinical conditions other than 'serious cardiac or pulmonary conditions' (whatever they are).. that may be perceived as more serious and life threatening and need urgent attention. By the way, a 'serious cardiac or pulmonary condition' would probably exclude you from going to theatre due to the increased risk - not mean you would be rushed there any quicker ..lol... some people need to get their facts straight ;)

 

As for compensation - People who get the wrong drug injected and die, people who loose a limb because someone miss diagnosed something - all of these will probably get some form of compensation, becasue the outcome was terrible and unforgivable.

 

Now im not sticking up for anyone here, just giving a different point of view... young men who get a nasty appendicitis who do get to theatre to have it sorted and get safely discharged home without any post-op complications arent on the same scale as above. Just out of interest - why did you have 3 months off work?

 

Just a warning as not to get your hopes up, unless you can prove that someone did something wrong or was negligent, you probably wont get much. There again i've never been involved in a complaint that went that high up the hospital management ladder! If you want to complain about a negative exerience of being in hospital you should - each complaint goes towards pushing for a better healthcare system.

 

Most NHS workers are brilliant, caring people who work in a system that doesnt give the time to do things as well or as speedily as they would like to! please be gently on them!

 

Blimey that was a bloody long post.. no doubt some people have got something to say about what i've typed - would be happy to discuss more.

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I am assuming that the "get your facts straight" was aimed in my direction.

 

I assure you that I have all of my facts in order. Having consulted with both my uncle (a cardiothoracic surgeon) and my mother (a medical professor) as well as using my own experience as a former medic I can assure you that I know what I am talking about.

 

In certain cases of cardiac and pulmonary disfunction the OR is the immediate and usually only way of diagnosing and treating problems.

 

Perhaps with the lack of funds and poorly paid/trained staff things are done differently in this country. Thats the NHS for you!

 

I agree that all cases have to be treated on their merits and without any case notes nobody has the right to comment either way. However I was talking of extreme cases that DO require surgical intervention, in which case these would supercede any other operations planned for that day.

 

I am not going to go into details as to exactly what constitutes an extreme and viable case. I'll let you do your own medical research. Suffice to say that triage is a medical fact of life and although it may not be to everyones taste it ensures that the most urgent and life threatening cases are dealt with first.

 

By the way, may I please suggest using a dictionary. Incorrectly spelling words really paints medical staff as either lazy or incompetent (especially when attempting to use basic medical terminology).

 

Anyways, aside from all that I agree with everything else stated. :D

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  • 1 year later...

Appendicitis - it can be a tricky one, not that easy to diagnose without an Ultrasound scan or a CT - did you get a scan?

 

 

Really? Whatever did we do before ultrasound and CT?

 

I've seen plenty of cases (my own included) where diagnosis was based upon history and examination alone. I'd suggest that a patient with an elevated temperature, raised WBC, tenderness and/or rebound in the RLQ and a coated tongue is a good candidate for appendicitis. There are a number of differential diagnoses but this may be affected by other factors e.g. age and sex and PMH of the patient.

 

Surgeons Net says of the use of ultrasound and CT in suspected appendicitis:

 

USS - Ultrasound itself has a low sensitivity and specificity for the diagnosis of appendicitis(6). It's use is for establishing other diagnosis.

CT has a much higher sensitivity and specificity(6) (94% and 95% respectivley) but carries the risk of a reasonably high radiation dose. It's use should be restricted to those patients where the diagnosis is uncertain and they would be a particular increased risk from an operation.

 

 

 

It seems to me that the issues in OP's case, as so often, revolve around communication.

 

Firstly, the call bell. As has been suggested, there can be no excuse for this. If it's u/s, the side-room shouldn't be used. If that's the Trust's excuse, ask to see the record of when it was reported and what action was subsequently taken. A patient having to phone ward staff on a mobile is wholly unacceptable.

 

Secondly, the reason for an open appendicectomy being performed rather than laparoscopic, resulting in a larger surgical wound and thus scar. This will almost certainly come down to the clinical judgment of the surgeon, and whether any delay that occurred played a part in his decision to use one procedure rather than another is something that he will be able to explain - indeed, it may even be in the operation notes. In an ideal world, the surgeon would explain all this post-operatively and when the patient is sufficiently recovered to understand.

 

Again as has been suggested, it's sometimes necessary to prioritise patients for emergency surgery, and this is done on the basis of clinical need. However, patients should be kept informed by ward staff.

 

The first step in finding out what happened probably doesn't need a lawyer - just get in touch with the Trust's Patient Advice and Liaison Service (PALS) and put your concerns to them.

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  • 1 month later...
However, patients should be kept informed by ward staff.

 

This simple concept is, I fear, at the heart of many of the complaints about/problems with the NHS. My experiences of NHS hospitals (just for reference, I do have a fairly good understanding of how the NHS works internally, having previously worked in admin at a DGH) during the 4+ years of my sister's treatment for cancer, is that lack of communication is one of the biggest issues leading to patient dissatisfaction/distress. My sister had numerous similar experiences of waiting around (often in some discomfort) on a hospital ward having been told she would have a certain test/certain treatment etc and then be left waiting and waiting and have it postponed or rescheduled or cancelled etc *without explanation*. And I can state with conviction that she would not have been so stressed or upset, and would have happily accepted the reasoning that e.g. other priorty cases may have come in and require treatment more urgently etc, if she had simply been kept informed and told what was happening and that there would be a delay and why.

 

In her - and my - experience, it would seem that wards are often woerfully understaffed and the nurses (most of whom are doing their very best under difficult circumstances) simply don't have the time to devote to each patient that they should. The hospital where my sister had most of her treatment recently opened a brand-new dedicated cancer wing and the wards are lovely and new and shiny... but the nurses themselves admit they don't have enough staff to properly man the shiny new wards and on occasions where my sister was in the bay furthest from the desk (and, at the time, was too sick to get up and go to the desk to ask for an update) she would be left for hours at a time without seeing a member of staff and would feel completely isolated and abandoned. Even when the call button was used (e.g. when a patient in a neighbouring bed started vomiting) it could often be 20 minutes before anyone came to investigate (again, this is no slur on the nurses - they were lovely, just not enough of them!! What if that call button alarm had been because someone was having a stroke or a heart attack or worse? :()

 

Sadly, my sister's experience with the NHS was that the only way to get things done or, more to the point, to get TOLD what was happening, was to make a fuss and be demanding.

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I am currently in legal proceedings against the NHS regarding an appendectomy where I was taken to theatre much later than I should have been.

 

To keep the story relatively short, I was taken to hospital by my housemate on the Thursday morning after throwing up constantly since the Monday evening and I now had stabbing pains my left side. The hospital put me on anti-sickness drugs and a drip and said they would keep me in overnight for observation.

 

Overnight, the stabbing pains moved to my right side and I was in extreme pain. I was kept in a side room overnight where the Nurse Call button had been disabled - meaning that I had to phone the ward off my mobile on 2 occasions during the night.

 

 

 

 

 

On the Friday morning, two doctor's diagnosed me with Appendicitis and said I would be taken to theatre ASAP. Throughout the day, I was just given more and more drugs, moved to a different ward, made to feel like an inconvenience - and was taken to theatre once my appendix had "perforated", this was on the Saturday morning at about 4am.

 

I'm now left with a 4 and a half inch scar (as I am 5'3", it looks bigger :-( ) and was off work for 3 and a half months.

 

Do you reckon this case will go anywhere? Has anyone else experienced a smiliar situation?

 

Any advice would be helpful.

 

Thanks :-)

 

 

Michael

 

 

Where do you want this case to go/what are you expecting to achieve?

 

 

The case would need to focus on either negligence or battery, I am uncertain to if you would have a strong case as I feel confident the NHS trust would be able to demonstrate that surgery was prioritised and that you sadly were not number one on the list.

 

Were there other complications not mentioned? I know of several people whos appendix have ruptured non of which required 3 months off work so I wonder if you may have other issues. Is it loss of earnings you want to recoup or extra on top, if so please consider the fact that taking monies from the NHS makes the service even worse.

 

 

 

The call bell thing is not right, and should have been rectified immediatly.

 

My husbands scar is around 4.5 inches.

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  • 10 years later...

This topic was closed on 10 March 2019.

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If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

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