£20,000 for post operative surgical drain failures

Our Client, a 40 year old woman from Maidstone, underwent a right sided parotidectomy (removal of the parotid gland situated at the top of the neck just below the ear) at Maidstone Hospital, Kent, on 16.01.2014. 

During a parotidectomy a drain is inserted to allow any excess fluid to drain from the wound post operatively; in order for this to happen the drain has to be ‘opened’.

In this case the drain was not opened for approximately 5 hours causing our Client’s face to swell.

As the swelling had not subsided the Client was returned to theatre on 17.01.2014 where the incision was reopened and the area was washed out.

The pain and swelling continued following this surgery. Despite this our Client was discharged.

She subsequently suffered an infection in the wound, Frey’s syndrome and an adjustment disorder which our experts linked to the failure to open the wound post-operatively.

Early on the NHSLA admitted to the failure to open the drain post operatively but reserved their position regarding causation putting our Client to proof.

We opened settlement discussions in April 2016 and after protracted negotiations settled our Client’s case in the sum of £20,000.

Steevi Henderson, Trainee Solicitor with conduct of the file, commented:

“The Client and I are both very pleased with the outcome of this case. This is in terms  of the level of settlement reached and because the Defendant Trust admitted fault. It was a pleasure working with this Client and I wish her all the best for the future.”