Six-Figure Compensation for Keyhole Surgery Medical Negligence

Author:
David Thomas
Partner, Medical Negligence Lawyer
Date:
10/06/2019

A Medical Negligence Case Study - Client Situation

Our client, Mr P, was 22 years old and working as a finance clerk when he underwent routine keyhole surgery to cure his acid reflux at Nottingham Woodthorpe Hospital. He was otherwise a very fit and healthy young man who led an active and fulfilling life. The operation, which is known as a laparoscopic anterior fundoplication, was carried out under his employer’s BUPA scheme.

But as the surgeon attempted initial keyhole entry into the abdominal cavity, he got the angle of the port wrong and consequently perforated the aorta, which resulted in an immediate catastrophic event. Frantic efforts were made by the surgeon and his colleague to stem the loss of blood and Mr P was rushed by ambulance to the local NHS hospital at the Queen’s Medical Centre in Nottingham for life-saving surgery.

Mr P survived his ordeal, but paid a heavy price for the surgeon’s medical negligence. Due to a loss of oxygen caused by the bleed, he lost a large part of his bowel and his lower intestinal area had to be ‘’re-plumbed’’.

As a result, he was required to undergo multiple operations, had to use a stoma bag and was left with unsightly scarring. Mr P also lost his fiancé, his job and his dignity and believes that without the love and devotion of his mother, he probably would have lost the will to live.

How We Helped

Mr P’s mother made the initial approach to our Medical Negligence Solicitors as he was too sick to seek legal advice himself. We recognised the merits of his case straight away and agreed to act under a No Win, No Fee agreement.

At first, the surgeon’s insurers buried their heads in the sand and blamed the NHS hospital who had, ironically, saved Mr P’s life after the initial operation. However, our Medical Negligence Solicitors brought in an independent medical expert to assess our client’s condition, who assembled indisputable evidence of medical negligence.

This was presented to the surgeon’s insurers, who eventually saw sense and agreed to engage in compensation settlement negotiations.

The Outcome

Both sides met with their Counsel at a Joint Settlement Meeting and after protracted negotiations, the case settled for an undisclosed six-figure amount of compensation. Our client was very happy with this outcome, as the money can enable him to rebuild his life and pay for the counselling sessions he needs.

See all Medical Negligence Case Studies.

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