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£50,000 compensation secured in successful clinical negligence claim

10 Oct 2017

Clare Thompson, Partner in our Clinical Negligence Team, acted on behalf of our client who was awarded £50,000 following the failure of a hospital to appreciate the significance of free gas and fluid on an ultrasound scan after a hernia repair.

Our client was diagnosed with irritable bowel syndrome in late 2011. He was found to have a small umbilical hernia which was not repaired at that time.

In May 2013, our client attended hospital complaining of extreme pain in the region of the hernia and episodes of bloating. Two months later, in July 2013, he underwent a suture repair of his umbilical hernia.

In early September 2013, our client admitted himself to Accident & Emergency (A&E) complaining of abdominal pain. On review, the pain was localised to the site of his previous umbilical hernia which had been repaired in July. His hernia was reduced and our client stayed in the hospital overnight. He was advised that his hernia would need to be repaired if he continued to suffer from symptoms of pain and discomfort.

In early October 2013, our client attended A&E again, with symptoms of re-herniation. Surgery was expedited and our client underwent a mesh repair of his hernia.

In mid-October, approximately one week after our client’s mesh repair, he felt distended and believed that his hernia had reoccurred once again. Our client was taken for an ultrasound scan of his abdomen, which demonstrated that his hernia remained intact. However, there was a failure to appreciate the significance of free gas on his ultrasound.

Our client’s condition continued to deteriorate over the next few days and he was found to have severe sepsis following a CT scan in late-October. Our client was taken to theatre and underwent a laparotomy and small bowel resection. A large amount of infected fluid had to be drained from around his previous hernia repair and around 10cm of gangrenous small bowel was resected. Following this operation, our client was admitted to the High Dependency Unit for post-operative treatment. Post-operative treatment included IV tazocin and metronidazole for our client’s perforated bowel, as well as total parenteral nutrition (TPN) for nutritional support.

Clare-Thompson

During our client’s stay in the High Dependency Unit (HDU) his chest symptoms significantly deteriorated. He became pyrexial with increased inflammatory markers. His sputum culture tested positive for multi-resistant Enterobacter and pseudomonas, which represented a serious threat to his health.In late-October, our client underwent a repair of his recurring hernia and it was not until mid-November that he was discharged with antibiotics. Our client now benefits from the help of a physiotherapist, in respect of the weakness in his upper limbs, and a psychologist following flashbacks of his experiences in the HDU and Intensive Therapy Unit.

In late-October, our client underwent a repair of his recurring hernia and it was not until mid-November that he was discharged with antibiotics. Our client now benefits from the help of a physiotherapist, in respect of the weakness in his upper limbs, and a psychologist following flashbacks of his experiences in the HDU and Intensive Therapy Unit.

Our client alleged that there was a failure to properly appreciate his symptoms and the significance of the free gas and fluid in the hernia identified on his ultrasound in mid-October. The Defendant admitted that there was a failure to appreciate the significant of free gas on the ultrasound scan.

We were successful in negotiating a settlement of our client’s claim and compensation of £50,000 was agreed. The Defendant has also agreed to pay our client’s legal costs and expenses.

If you have suffered as a result of Clinical Negligence, please contact Clare Thompson, Partner in our Clinical Negligence Team.

Call: 0191 232 8345

Email: Clare.Thompson@hay-kilner.co.uk