Case Studies: Healthcare

Surgical negligence

O’Reilly Stewart were instructed to investigate medical treatment.  Dionne Darragh acted in this case.

In 2012 our client was diagnosed with a symptomatic abdominal incisional hernia. She was advised to have a laparoscopic mesh repair.  As part of the NHS ‘waiting list initiative’ she was transferred to a private hospital and underwent a laparoscopic mesh repair of her incisional hernia in 2013. She was discharged after an unusually long post-operative stay.

Our client suffered complications following discharge and was re-admitted for an emergency laparotomy.  It was found that the mesh had largely separated from the abdominal wall allowing the bowel to herniate and perforate. A bowel resection and removal of the mesh were performed.  Our client required a period of intensive care and a prolonged hospital stay.

The crux of the case was when did the mesh detach?  The Defence maintained that the mesh probably became detached after discharge and the herniation and perforation of her bowel was an unfortunate but unavoidable complication.  Our client’s medical evidence however confirmed that although a recognised complication, it was clear the treating Consultant failed to carry out the mesh placement competently and the detachment occurred before discharge.

The serious incident investigation identified several failures in the management of our client’s condition.

As expected, settlement discussions commenced on the morning of the Hearing.  The core issue was the distribution of liability between the Defendants.

The case settled in the sum of £95,000.

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