27th May 2023 – Our client, Ms D, from Thanet Kent, underwent what should have been a straightforward laparoscopic cholecystectomy at the Kent and Canterbury Hospital Canterbury over the summer of 2015.
Regrettably, the surgery was negligently performed with a diathermy burn to the bile duct arising during the procedure. This was not recognised at the time, with our client being discharged home, told that the surgery had been a success. She suffered excruciating pain and was readmitted to hospital, given strong analgesia but then discharged home again. The pain continued to worsen to the point where she had to be readmitted to hospital by ambulance a few days later. Further investigations eventually suggested a bile leak which was confirmed at laparoscopy with an extensive amount of bile found having ‘pooled’ in the pelvic area. Our client underwent wash out and needed to have further surgery subsequently.
She has been left with serious permanent injuries including chronic abdominal pain, severe PTSD and having to undergo a hysterectomy. This has all significantly impacted on her quality of life, bringing an end to her professional career and compromising her ability to engage in day to day activities.
After an early admission of liability by the East Kent Hospitals University NHS Foundation Trust, subsequent legal proceedings were necessary to deal with the complex causation issues in the case and, ultimately, our client’s claim against the Trust settled at a Round Table Meeting shortly before the case was due to proceed to trial in the High Court.
The case was settled in the sum of £525,000. The Trust had earlier offered £125,000.
Ms D’s case was initially handled by Alex Tengroth then, in the later stages, by Nick Fairweather, assisted by Tom Gibson of Outer Temple Chambers.
Nick commented, at the conclusion of the case:-
“This case illustrates how such a simple but inexcusable mistake can cause such lasting difficulties for patients. As ever, I truly hope that the Trust has learned from the mistakes that occurred in this case. No amount of money will ever put Ms D back where she was with her life but the compensation will, I hope, at least make things easier for her in the future and allow her to use her considerable skills and talents to adapt to a different but fulfilling future. I pay tribute to her strength courage and tenacity in seeing these difficult proceedings through to a successful conclusion”.
Ms D commented:-
“It has been a long hard struggle to bring this litigation to a successful conclusion which I have had to battle with alongside all my health difficulties. I am so grateful to Alex Nick and Tom for their unstinting encouragement throughout the ordeal. I could not have wished for a more supportive, sympathetic and effective legal team”.
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