Case report: settlement following a negligent surgical procedure

Michael Taylor, a Solicitor in our Clinical Negligence team at Hay & Kilner, has acted on behalf of a Claimant who suffered complications and prolonged recovery following a substandard surgical procedure.

Before the alleged negligent events, the Claimant had undergone an unrelated Whipple’s procedure which led to incidental findings of ovarian cysts and an endometrial polyp. She was referred to a Gynaecology team at the Defendant Trust in April 2021 to discuss these findings and was advised that her options were either ‘watch and wait’ conservative management or surgical intervention. The Claimant initially agreed to conservative management but was told in September 2021 that the polyp had increased in size. As such, she underwent a hysteroscopy and myosure polypectomy in late January 2022.

Following the procedure, it was noted that the Claimant was vomiting bile and had abdominal pain. A CT scan was performed which showed an extensive haematoma in the upper abdomen. She was advised that her bowel had been damaged and required repair, and she underwent an additional procedure the following day. Whilst the Claimant’s blood test results were noted to be improving following the repair procedure, she reported feeling sick, weak and exhausted.

Around a week after the repair procedure, it was reported that faeculent matter was leaking from the Claimant’s abdominal wound and she had an urgent CT scan, which showed fluid collection and a potential fistula. There were ongoing issues controlling and maintaining the Claimant’s level of hydration, leading her to suffer from dehydration and then subsequent oedema due to fluid overload. The Claimant was unable to eat for over a month due to bowel dysfunction, which contributed to her weakness during her long hospital stay.

Upon her discharge, the Claimant reported feeling very weak and was limited by the swelling in her arms and legs. She experienced cold hands and feet, with the understanding that the oedema and other complications caused her to have reduced circulation. Additionally, her extended hospital stay caused her anxiety and mental distress, and she suffered several further complications, including her healed fistula re-opening.

Michael was instructed by the Claimant to investigate a potential clinical negligence claim. Expert evidence was obtained from a Consultant Gynaecologist and Consultant General Surgeon.
A detailed Letter of Claim was served on the Defendant Trust setting out allegations regarding the Claimant’s treatment and care. The Trust admitted to several allegations, including a failure to inform the Claimant she was at an increased risk of complications, a failure to provide adequate consent advice, and surgery which fell below the standard of care she was entitled to expect. Following the admissions, negotiations began and reached a successful conclusion with a six-figure settlement obtained on behalf of the Claimant.

For more information on any of the above, or how we can help you or your family, please contact Michael Taylor or a member of our Clinical Negligence team on 0191 232 8345.