Surgery

Please click on the below links to read the following case reports:

D v Oxford Radcliffe Hospitals NHS Trust
L v Oxford Radcliffe Hospitals NHS Trust
A -v- Royal United Hospital Bath NHS Trust
G- v- Gwent Healthcare NHS Trust
E- v- Royal United Hospital NHS Trust

D v Oxford Radcliffe Hospitals NHS Trust

This case involved negligent damage to the patient's small bowel following a right oophorectomy undertaken via laparotomy.

The Claimant developed peritonitis following a leakage of bowel contents . Both bowel and bladder perforations were found and so a temporary colostomy had to be formed. This was eventually reversed once the repair had healed, but even so a lengthy ITU stay was required and subsequent additional problems included development of a cysto-vaginal fistula; recto-vaginal fistula and recto-vesical fistula . The Claimant also suffered a Deep Vein Thrombosis and contracted a hospital acquired infection involving MRSA. She therefore also had to have a consequent temporary ileostomy.

The patient therefore ended up with six additional surgical procedures under general anaesthetic, leading to multiple abdominal adhesions and unsightly scarring, as well as psychological damage.

There was only a modest loss of earnings claim as the Claimant was made redundant (for unrelated reasons) during the course of the case.

The case eventually settled for £250,000 plus costs.

This case was handled by Judith Leach in our Oxford Office

L v Oxford Radcliffe Hospitals NHS Trust

This case involved a failure to identify and repair a hole negligently caused to the claimant's small bowel following a gynaecological procedure. Because of the delay in recognising the fact of the damage, the patient suffered a post-operative spillage of bowel contents resulting in peritonitis and there was a further delay in returning the claimant to theatre.

The Claimant required a temporary colostomy, subsequently reversed over 12 months later. She has been left with long term residual bowel problems, as well as extensive abdominal scarring and psychological sequelae. Due to the loss of abdominal musculature following the revision surgery the patient suffered an exacerbation of her pre-existing long standing back pain.

No loss of earnings could be claimed as the Claimant had not worked for some considerable time prior to the index surgery. The claim settled only 1 week prior to trial.

Damages £100,000 plus costs.

This case was handled by Judith Leach in our Oxford Office

A- v- Royal United Hospital Bath NHS Trust

Out of Court settlement: 12/03/2009

The Claimant, a 31 year old woman, received £22,000 for injuries sustained during a routine operation to remove gall stones.

During the course of the procedure, the Defendant cut through the abdominal fascia into the abdominal cavity and damaged the right common iliac artery. An emergency laparotomy was performed and the artery was repaired. The Claimant had developed a paralytic ileus.

As a result of the treatment the Claimant suffered additional scarring and faced a lifetime risk of further hospital admissions caused by secondary adhesions and a 5% risk of requiring further surgery for an incisional hernia.

Claimant: female aged 31 at the date of injury; 34 years old at the date of settlement.

Click here to view the full case report.

G - v - Gwent Healthcare NHS Trust: Laparascopic cholecystectomy – negligent clipping and division of common hepatic duct leading to peritonitis, intra-abdominal adhesions and acute renal dysfunction – reconstructive hepaticojejeunostomy

On 14^th August 2002 G was referred by her GP to surgeons at the Nevill Hall Hospital with abdominal cramps, vomiting and pain. An ultrasound revealed a shrunken gall bladder with multiple calculi and a diagnosis of chronic cholecystitis was made. G was seen by Mr G, a consultant surgeon, and was listed for a laparoscopic cholecystectomy.

On 14^th April 2003, Mr G began the gall bladder operation laparoscopically but then became confused over the anatomy and converted to an open procedure by way of a right subcostal incision.

Post-operatively, the Claimant was thought to be well although she was in pain and had to use patient-controlled analgesia. It was intended to discharge G on 16^th April 2003, but then on 17^th April it was noticed that she was jaundiced. Liver function tests showed a raised bilirubin at 43 and a raised ATL at 100. The C-reactive protein was raised at 160.

Please click to view the full case report.

E-v-Royal United Hospital Bath NHS Trust

E underwent an appendix operation at which time a 1inch piece of plastic was left inside his body. The presence of this foreign body was not diagnosed, and its removal undertaken, until 1 year after the operation.

During that year E suffered ongoing abdominal pain and vomiting which affected his ability to work as a self-employed lorry driver, and also ruined his Wedding day and honeymoon.

The claim settle for the sum of £8,500, representing £5,500 for 1 year of pain and suffering and £3,000 for financial losses for that same year.