A Medical Negligence Claim Case Study - Client Situation
Ms A, 50, went to hospital for a gastric bypass operation, which went ahead as planned, and she was discharged 6 days after undergoing the procedure. However, she became unwell in the weeks that followed, suffering with stomach pain, fatigue and nausea.
She was readmitted to hospital just over 2 weeks after being sent home and underwent a CT scan. This revealed that a surgical swab had been left inside her abdomen and was embedded within the pelvic region. Ms A had a further operation to remove the swab and remained in hospital recovering for the next 2 weeks.
The Calderdale and Huddersfield NHS Foundation Trust, which was responsible for her treatment, carried out an investigation into the circumstances that led to this occurring. It was classed as a Never Event that could have led to serious harm to the patient. Never Events* are incidents that should never occur.
How We Helped
Ms A contacted our team of Medical Negligence Solicitors for help to claim compensation from Calderdale and Huddersfield NHS Foundation Trust. After taking on her case, we contacted the NHS Trust seeking an early admission of liability (fault), and obtained information from an independent surgeon and a psychiatrist outlining our client’s condition and prognosis.
We calculated a compensation settlement based on:
- The client’s extended pain and suffering
- Loss of earnings
- Further unnecessary surgery
- Additional scarring
- Psychiatric injuries
- Gratuitous care
- Cognitive Behaviour Therapy fees
Calderdale and Huddersfield NHS Foundation Trust admitted liability and made an initial offer of £5,000 compensation to settle the case.
Our Medical Negligence Solicitors settled the claim for £17,000 compensation. Given the strength of the allegations, our success fee was waived allowing our client to receive 100% of the compensation.
*Never Events. It was recently reported that 621 Never Events occurred in NHS hospitals between April 2018 and July 2019. There were 127 cases of “foreign objects” left inside patients following operations.
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