Our client, Mrs X, had surgery at Leicester General Hospital to remove her gallbladder. Patients are usually able to go home later the same day or the following day after this type of surgery.
Following the surgery, Mrs X was in a lot of pain so could not go home. She remained in hospital because she continued to complain of pain over the next few days and her condition had also started to deteriorate. After a review, the doctors noted the continuing pain and deterioration in her condition but they did not investigate what was causing the problem. She eventually had a CT scan, which showed that she had a severe infection in her abdomen.
She was taken back into surgery and it was noted that she had suffered an injury during the previous surgery, which had caused a bile leak. This was the reason for the pain and infection. The injury was repaired and she was discharged from hospital a few days later. She was in considerable pain and discomfort for some time after the surgery and could not return to work for several months. If the injury had been diagnosed earlier, she would have recovered much faster and would have been able to return to work earlier.
The Defendant denied that there had been a delay in diagnosing the injury caused during the original surgery. Moosa-Duke Solicitors fought the case for 4 years and commenced Court proceedings because the Defendant refused to settle the case.
Liability was never admitted but the Defendant’s solicitors later made an offer to settle the case, which Mrs X accepted.