Our client, Ms K, a 28 year old lady from Ramsgate, underwent a cholecystectomy (removal of the gall bladder by laparoscopic – key hole – surgery) at the QEQM Hospital in September 2007, following a diagnosis of gall stones.
During the operation, her common bile duct was mistaken for her cystic duct and was divided.
The mistake was recognised at the time of the surgery which had to be converted to an open procedure. A repair of the common bile duct was performed over T-tube.
Ms K had to be transferred to King’s where the T-Tube was removed.
She had to undergo follow-up surveillance and, for a period, suffered a drop in kidney function.
She instructed us in June 2011 having been previously advised, by another firm, that her case did not warrant investigation.
Proceedings were issued urgently and the case fully investigated, resulting in the East Kent Hospitals University NHS Foundation Trust negotiating, through the National Health Service Litigation Authority, a settlement in the sum of £30,000.
Nick Fairweather, who had conduct of this matter, commented:-
“A cholecystectomy should be a straightforward operation with proper steps being taken to avoid misidentifying the anatomy surrounding the gall bladder and liver. Unfortunately, in this case, as in others I have dealt with, avoidable mistakes were made. In consequence, instead of being in and out of hospital quickly, my client suffered a gruelling and unsettling experience with ongoing medical treatment that should not have been necessary. I hope the compensation will go some way towards assisting her in re-building her life now.”
Ms K commented:-
“I am pleased to have taken forward these proceedings and been vindicated but remain angry that these mistakes occurred in the first place. I hope to put the money to good use in rebuilding a career and supporting my family. I hope that the Trust, particularly the surgeon who performed the operation, have truly learned from their mistakes in my case so that they are not repeated again in the future.”