£75,000 recovered for death caused by surgical error.

We have just settled a case on behalf of a man from Herne who lost is long-term partner, Edith, back in April 2005 when she died following straightforward surgery for an incisional hernia repair.

Pre operatively, the surgeons at the William Harvey Hospital failed to elicit a past history of radiotherapy which made the elective surgery to repair the incisional hernia problematic.

Edith was then admitted under the care of a Staff Grade Surgeon rather than a Consultant.

During the operation a blood vessel feeding the small bowel became compromised.

Having dealt with this the Surgeon did not wait sufficient time to see if the blood supply to the bowel had been compromised.

Instead, Edith was ‘closed up’ and the bowel went on to necrose and cause peritonitis which ultimately killed her.

At the Inquest, following Edith’s death, at which the family were represented by Nick Fairweather, the Coroner was critical of pressures on waiting lists causing patients to be admitted without being under the care of a designated Consultant.

Within the Court proceedings brought alleging medical negligence, the East Kent Hospitals NHS Trust denied liability before ultimately settling the case in the sum of £75,000 shortly prior to trial.

Nick Fairweather, who had conduct of the case throughout, commented:-

This was a tragic case. Our client lost his long-term partner shortly before the two of them planned to retire. He has been robbed of the years they would have enjoyed together.

An understandable need to cut hospital waiting lists should never be allowed to compromise patient safety.

Our client is proud to have stood up for Edith through the Inquest proceedings and now these legal proceedings. He feels vindicated by the outcome of both”.