1st September 2023 – Our client Mr M from Dover attended his GP with a lump in his abdomen which was diagnosed as a hiatus hernia by Mr Sanjoy Basu Consultant Surgeon at the One Hospital, Ashford.
He was also diagnosed with a ventral hernia. After further discussions with Mr Basu, he agreed to have surgical repairs for both hernias performed together and surgery was performed in June 2019.
Unfortunately post-operatively Mr M deteriorated. There followed a series of procedures including 3 laparotomies and a CT guided abdominal abscess drainage. Mr M was then transferred to Guy’s and St Thomas’ NHS Trust after developing Acute Respiratory Distress Syndrome. He then developed a fistula and required an NG tube.
Whilst hospitalised in London Mr M suffered an infection which impacted his right kidney function and he required a further operation to insert a stent.
He then made a very slow recovery and lost a significant amount of weight. Whilst recovering he developed an abdominal wall hernia and required further surgery in 2021.
Mr M came to this firm with concerns about poor management and it was established that he was not warned by Mr Basu that performing both surgeries together would increase the surgical risks and nor was he told that there were other conservative measures available to treat symptoms arising from hiatus hernia. Had he been properly advised Mr M would have opted to pursue conservative measures and avoided all of his surgical complications.
A Letter of Claim was sent to Mr Basu and the allegations were generally denied. However Mr Basu’s representatives sensibly indicated a desire to engage in negotiations. As a result a settlement meeting was arranged which achieved a substantial settlement for Mr M in the sum of £290,000 gross.
Steve Evans, senior clinical negligence solicitor with conduct of the case commented: “Mr M suffered life changing injuries as a result of what happened. Fortunately he was looked after by his employers at work but the last few years have still been very difficult for him. He has been stoic and made a good recovery in the circumstances and I am pleased that he has been properly compensated for what happened.”
Mr M commented:
“Fairweathers have got me to the finishing line, and now after 4 tough years I can now move on with my life. Words alone cannot express my gratitude. Thank you team!”
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