Surgical mistake for removal of gallstones leads to our client suffering serious complications.

The Injury

Our client now suffers from severe bowel difficulties including incontinence which completely control their life and daily activities.    They now have abdominal pain, scarring, and have been left with loud stomach sounds which they have no control over and which they find embarrassing.  Our client has been left with increased risk of other health complications in the future and diagnosed with post-traumatic stress disorder and depression.  

Due to the injuries, our client had to change their plans for a career in Events Management, which they enjoyed and now works in another sector.   Our client can now only work part-time and will have to retire from work, 10 years earlier than they expected.  

Our client relies on the assistance of family members for routine activities of daily living and has lost a lot of their social life.

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Represented by Navdeep Kainth, a Specialist Medical Negligence Solicitor and Partner at MDS, the case was settled during a meeting with the Defendant after liability had been denied in full”.
Navdeep said - “The surgical error was avoidable and should never have occurred, as it led to unnecessary harm, pain, and ongoing suffering for our client. I hope that lessons have been learned to ensure the same mistakes are not repeated.”

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What Happened to Our Client?

Our client was suffering from stomach pain and after having an ultrasound investigation, they were diagnosed with having gallstones and referred to a private hospital for treatment.  Our client was seen by a Consultant Surgeon who advised that the gallstones needed to be removed.  A couple of months later, our client was admitted to hospital for surgical removal of the gallstones.  

During the surgery, the Surgeon divided a hepatic duct, a type of anatomical structure by error. When this was identified, our client was transferred as an emergency to another hospital to have further lifesaving surgery known as a Roux-en-Y reconstruction to repair the anatomical duct

As a result of the first procedure and complications, our client has been left with significant ongoing disabling symptoms.

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How can MDS help you?

While no amount of compensation will ever be enough for your or a family member’s suffering, if you or a loved one has been affected by healthcare negligence, we can help you through the legal process for investigating your concerns against a healthcare professional and your negligence claim if there is one.

The Outcome of the Case

Our client believed that something must have gone wrong with the initial surgery and instructed MDS to investigate the standard of surgical care received.

After extensive thorough investigations with Consultant Surgeons and Hepatobiliaryexperts, we were able to show that the Surgeon who performed the first operation failed to get a critical view of safety of the gall bladder, and this resulted in the surgical error which was negligent.  This caused the ongoing complications that our client experienced and still lives with.  

Allegations were made against the Defendant, the private hospital that was responsible for the Consultant Surgeon who performed the first operation. The allegations were denied in full.

We obtained further evidence to allow us to assess the value of our client’s claim and we were able to negotiate with the Defendant at a settlement meeting resulting in them paying compensation of six figures to our client.  This will enable our client to have treatment and therapies that are required now and in the future.

Disclaimer

Whilst our case studies are designed to give an indication of the outcomes that can be achieved in these circumstances, the compensation awarded in individual cases can vary significantly due to a range of factors, including the severity of injury, effects on life expectancy and financial impact, for example. For more information, contact us today.

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