Damages secured for elderly client following surgical error

28 September 2015

Claire McDaid recently negotiated an out of court settlement for Mrs A who sustained serious injuries following surgery in August 2008.

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Mrs A was admitted to a hospital in Northern Ireland to have ERCP and sphincterotomy to remove a stone from the bile duct.   This is a procedure that enables a medical practitioner to examine the pancreatic and bile ducts by placing an endoscope into the mouth and guiding it into the stomach and duodenum.  A sphincterotomy is then performed by cutting the muscle that surrounds the opening of the ducts to enlarge the opening to effect removal of the stone.  A small wire on a specialized catheter uses electric current to cut the tissue.  Mrs A was discharged home the following day despite displaying symptoms which indicated that she was not recovering as normal.  These included pain and discomfort as well as a high level of swelling in the abdomen.   The next day she was re-admitted to hospital in severe pain and emergency surgery was carried out following a CT scan which showed free air and infection in the abdominal area.  Mrs A was taken to theatre for a laparotomy and washout.  A re-section of the bowel was carried out and a stoma was created following repair of a perforation in the duodenum.  Mrs A remained in hospital for a considerable period and her path to recovery was complicated by various other incidences including a cardiac arrest.  She returned home towards the end of 2008 where her husband acts as her main carer.  Mrs A continues to live with a problematic stoma which causes her a great level of difficulty on a daily basis. 

We received instructions from Mrs A and her family and on receipt of the notes and records secured liability evidence from a Consultant Surgeon who concluded that the degree of the injury sustained was incompatible with the level of care that would ordinarily be expected during this type of procedure.  High Court proceedings were issued accordingly.

We secured quantum reports from the General Surgeon who assessed the extent of the physical injury suffered by Mrs A.  A care consultant was also retained who attended with Mrs A  and her husband to assess the level of care required by her on a daily basis. 

The case was listed for hearing in June 2015 and following exchange of the medical reports and discussions between the medical experts, a joint meeting of the legal representatives took place prior to hearing.  After extensive discussions between Counsel for both parties, damages were agreed to reflect the level of pain and injury suffered by CD, as well as the level of care required up to the date of hearing and in the future.

Worthingtons Solicitors have a team of Solicitors with extensive experience in handling medical negligence cases involving all aspects of medical care.  If you believe that a hospital or doctor may have been negligent in providing advice or medical treatment to you which has resulted in injury, we will gladly provide advice on all aspects of medical negligence claims in Northern Ireland.

Contact Claire McDaid at our Belfast office on (90434015) or Nikki McConnell at our Newtownards office on (91811538) for advice and guidance on this process”.



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