Surgical errors Medical Negligence

Surgical errors can occur during elective or emergency surgery, performed by laparoscopic or open technique, and at the hands of a junior surgeon or a consultant. They can occur even with the best treatment, as there are a number of recognised complications associated with any type of surgery. However, many surgical errors are avoidable.

Typical cases that arise include:-

Failing to properly investigate symptoms resulting in an incorrect or unnecessary operation.
Failing to obtain adequate consent for an operation – such as not properly explaining the risks of the operation, or carrying out additional / different procedures during the operation.
Failing to adequately diagnose a rupturing / ruptured appendix, resulting in a delay in surgery and the development of peritonitis.
Surgery performed by a junior / inadequately qualified surgeon.
Injuries caused to abdominal organs during laparoscopic surgery generally – such as upon insertion of the laparoscopes, or due to inadequate laparoscopic training or knowledge of the anatomy.
Injuries caused during cholecystectomy – such as damage to the common bile duct / other ducts or arteries.
Injuries caused during hernia surgery – such as nerve damage or haematoma.
Failed vasectomy / failed sterilisation.
Injuries caused during urological surgery – such as fistula formation, incontinence, and erectile dysfunction.
Failing to provide adequate pre- and post-operative anticoagulation, resulting in a post-operative DVT or PE.
Failing to recognise post-operative complications – such as reduced vital signs, DVT, internal bleeding, or wound infection.

Our team has experience of dealing with all manner of surgical errors including cases involving failings that have caused severe disability and ongoing restrictions upon daily life.

If you or your family need the assistance of our experienced specialist team of Clinical Negligence Solicitors then please submit your case details for our consideration.

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29th May 2024 – Our client, a 52 year old woman from Ashford, was diagnosed with recurrent lobular cancer of the left breast over the summer of 2019.

Investigations showed it to be Grade III and it measured some 20mm. A mastectomy was recommended.

Our client first met with ‘Professor Mahadev’, in September 2019 and he carried out the surgery as a Consultant Surgeon later that month at the William Harvey Hospital. Alongside the mastectomy sentinel node biopsies were taken.

Following the surgery, our client suffered severe problems with the operation wound. There was swelling and tightness initially, then the wound opened with leakage, bleeding and infection. There was a haematoma and wound dehiscence requiring regular packing and vacuum dressing.

The wound took some 6 months to heal in total and left an unsightly scar, which needs revision. It was a very poor cosmetic result indeed.

Additionally, our client suffered with neck and shoulder pain and restriction requiring physiotherapy. Ultimately she was caused psychiatric injury through what occurred.

Upon our instruction we secured all the medical records and details of an investigation conducted by the Trust which showed that it had recruited this Surgeon without carrying out proper investigations. In fact, he was already subject to GMC investigations at the time of his recruitment.

Earlier this month he was struck off by the GMC for a litany of clinical errors across his treatment of a number of different women including our client.

We instructed an appropriate Surgeon who advised as to the negligence in the case which included not using drains during the procedure itself. We also took advice on revision surgery.

Further, our client was professionally assessed by a Consultant Psychiatrist and found to have been caused anxiety and depression on account of the negligence.

An early offer by the East Kent Hospitals University NHS Foundation Trust, represented through the NHSR, to settle the case in the sum of £25,000 was rejected.

Ultimately through further negotiations, the case settled in the sum of £60,000.

Conducting Solicitor Nick Fairweather commented on the case as follows:-“This is not the first case, in recent years, where the East Kent Trust’s failure to conduct proper recruitment procedures has resulted in lasting harm to clients. It really is totally unsatisfactory that this Doctor, already under investigation, was allowed to be employed and continue his malpractice in East Kent. I am pleased that he has now been finally struck off by the GMC, thanks to the courage found by our client and the other women who came forward with details of their cases. I pay tribute to our client in this case. It is hard enough to be battling a Cancer diagnosis, and the treatment that comes with it, without finding out, additionally, that the Surgeon whom you relied upon is incompetent. I wish her all the very best for the future”.

If you or your family need the assistance of our experienced specialist team of Clinical Negligence Solicitors then please submit your case details for our consideration.

29/05/2024 - Case of Botched Mastectomy Surgery Conducted by Struck Off East Kent Surgeon Settles for £60,000

22nd April 2024 – We were instructed by the family of Mrs W a Tenterden lady who died in December 2019, aged 77, following surgery at the Benenden Hospital performed by colorectal surgeon Mr Marzouk.

Ms W was fit and healthy and had been throughout her life. She was the sole carer for her husband who had failing physical and mental health.

When a couple of small gallstones became symptomatic she was referred to the Benenden Hospital under the care of Mr Marzouk.

After investigations, surgery was decided upon in the form of a laparoscopic cholecystectomy which took place on 10.12.19 and should have been a straight forward procedure.

In the event, Mr Marzouk inserted the initial trocar in a sub-standard manner perforating then further damaging the aorta.

Upon recognising his initial error and the ensuing bleeding, Mr Marzouk abandoned the cholecystectomy procedure, converting the laparoscopy into a laparotomy.

His subsequent investigation into the source of the bleeding was inadequate. He failed to find the true source of the bleeding and inappropriately closed without having done so

Ms W deteriorated sharply in recovery with signs of ongoing intra-abdominal bleeding. She had to be returned to theatre where she was attended on by a Consultant Vascular Surgeon who located injury to the aortic wall which was repaired.

She was transferred to the ITU at the William Harvey Hospital, Ashford.

Upon arrival there, her condition continued to deteriorate with signs of infection and sepsis as well as compromised blood flow.

She had to undergo further surgery on 11.12.19.

She died ultimately the following morning on 12.12.19, when her position became non- viable due to an extensive period of chronic hypotension.

The cause of death as found by the Coroner subsequently, after a full Inquest Hearing, was multi-organ failure arising from hypovolaemia shock caused by the massive haemorrhage Ms W suffered when her aorta was damaged by insertion of the trocar.

Benenden Hospital also conducted a serious incident investigation.

The family instructed us to investigate and take forward a case in clinical negligence.

We instructed a Consultant General and Laparoscopic Surgeon and Endoscopist who confirmed the negligent performance of the procedure and inadequate attempt to find the source of bleeding subsequently. But for the negligence, Ms W would, of course, have survived.

A Letter of Claim was sent to Mr Marzouk on 21.04.23. Solicitors instructed by his Medical Defence Union eventually produced a Letter of Response on 10.10.23 making full admissions of liability and causation.

This followed on from an early meeting with the family within which Mr Marzouk made informal admissions.

Following the admissions, the case was quantified and settled for an acceptable sum.

Nick Fairweather, who had conduct of this matter, alongside colleagues, commented as follows:- “Ms W was a hard working much loved wife, mother and grandmother and was looking forward to the rest of her retirement which she richly deserved. It is a terrible tragedy that her life was taken prematurely through wholly avoidable errors in what should have been a straightforward procedure. One has to hope that this experienced Surgeon has truly learned lessons from the case. I pay tribute to the dignity of the families who have instructed us. The case was never about money but to get to the bottom of what actually occurred and hold the Surgeon to account. I hope they can take some comfort from the result that has been achieved ultimately in this regard”.

If you or your family need the assistance of our experienced specialist team of Clinical Negligence Solicitors then please submit your case details for our consideration.

22/04/2024 - Case of Death Caused by Perforation of Aorta During Routine Cholecystectomy Settles