Andrea suffered from gallstones. On 6 July,
she underwent a laparoscopic cholecystectomy. The operation
appeared to proceed without complication.
After the procedure Andrea suffered from abdominal
pain. Her haemoglobin (red blood) levels fell and an
ultrasound scan carried out the next day confirmed that she was
bleeding internally.
An emergency laparotomy was performed, where it was discovered
that the cystic artery was only partly clipped by the clip
occluding the cystic duct. During the operation, the artery was
freed and tied, the operation note being titled “bleeding cystic
artery.”
Following the laparotomy, Andrea continued to suffer severe
abdominal pain requiring substantial pain relief and also developed
severe constipation as a result of the high level of pain killing
drugs needed.
This led to a further operation under general anaesthetic for
manual evacuation of Andrea's bowels.
As a result of the laparotomy, Andrea continues to suffer
from on-going abdominal pain and the scar is particularly
sensitive. She also suffers from Irritable Bowel Syndrome (IBS) and
became clinically depressed.
Andrea instructed us to pursue a surgery negligence claim
against the hospital.
We alleged that the failure to clip the cystic artery was
negligent and that if the artery had been properly occluded at the
laparoscopy, she would not have undergone the laparotomy, nor
suffered the on-going abdominal pain or sensitivity in her
scar.
Causation in relation to the IBS was more difficult as there
were entries in her medical records suggesting that she had
suffered abdominal symptoms in the past, although there was no for
diagnosis of IBS.
It is accepted that IBS is affected by “life events” and
therefore, we argued that had her treatment proceeded as
originally planned, she would not have suffered as severely.
The claim was issued in July 2002. The trial was listed for
December 2003. Following the experts meeting, we negotiated a
settlement of £24,000, plus costs.
For further information or if you have a surgery negligence claim, call Paul McNeil on
020 7861 4019 or email paul.mcneil@ffw.com
You can discuss your surgery negligence claim with any member of
our medical negligence team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.