Success Stories for Medical Negligence
Rod Irvine negligent laparotomy surgery settlement
Our client underwent a laparotomy with bilateral salpingo-oophorectomy in 2006. During the operation the surgeon, Rod Irvine, perforated our client’s bowel. The surgeon made attempts to re-suture a perforation during the operation. Despite pain and faecally contaminated urine in the post-operative period, our client was not referred to a general surgeon until two days after her surgery, by which stage her wound was leaking bile stained fluid.
Our client was taken for further surgery where it was found that she had a further four or five bowel incisions which had not been repaired during the first operation. Our client had to have a small bowel resection as her bowel was so damaged. Our client suffered from faecal peritonitis and then contracted an MRSA infection. She remained in hospital for a month and following discharge, required district nurse care and further surgery for bowel obstructions. Our client continues to have to monitor her food and treat any potential bowel obstructions with a liquid diet.
Despite the fact that the unrepaired bowel incisions had been noted in further surgery, liability was denied by the Defendant. An expert was instructed to comment on liability jointly with the Defendant. This report identified breach of duty and causation in relation to the failure to repair the bowel incisions during the initial surgery. The Defendant then accepted responsibility for the claim and we negotiated a settlement of £70,000 for our client, who was unable to have any future treatment.
Settlement achieved against Rogue Gynaecologist, Mr Rod Irvine
Our client received negligent uro-gynaecological treatment by Mr Rod Irvine at Queen Mary’s Hospital in 2006. She underwent a TVT (tension free vaginal tape) procedure which left her with significantly worse incontinence symptoms which now dictate her day-to-day life. There is no cure for her current symptoms and she has been left with permanent difficulties. The negligence in this case related to a failure to carry out urodynamic testing before making a recommendation that our client have surgery. Had this been done then the surgery would not have been recommended and our client would have avoided the symptoms she now faces on a daily basis. There was a failure to properly obtain our client’s consent for her surgery.
Liability was admitted after we obtained supportive medical evidence and our client received a formal apology from Dartford and Gravesham NHS Trust. This was welcomed by our client as recognition for all she had wrongly been through.
The claim successfully settled for £55,000 and our client is overwhelmingly pleased with the outcome and the fact that she now has final closure some 11 years later.
Settlement achieved against rogue maxillofacial surgeon Mr Roger Bainton
Our client received negligent maxillofacial treatment at North Staffs Hospital by Roger Bainton. Investigations into Roger Bainton revealed that his patients underwent avoidable surgery which caused them unnecessary pain and scarring and put them at risk of further injuries, such as infection. As part of the regulatory conditions currently affecting Mr Bainton’s practice, he is now prohibited from treating any patients with temporomandibular joint disorders.
Our client underwent an unnecessary jaw operation for Temporomandibular Joint Disorder (TMD) and two unnecessary rhinoplasty surgeries. She has been left with ongoing difficulties with her jaw requiring future treatment and surgery. She has a permanently reduced sense of smell and struggles to breathe through her nose.
Liability was admitted early on and our client received an unreserved apology from the Trust for her treatment. This was greatly welcomed by our client and meant that the parties could concentrate on agreeing an appropriate level of compensation for our client’s injuries, rather than wasting time and costs arguing over liability.
The claim successfully settled for £72,000 and our client was elated with the outcome.
Negligent wrist surgery resulted in scarring
Our client developed a severe wound infection following surgery to his wrist. Our client underwent several wound debridements under a general anaesthetic and further surgical procedures to restore some function to his wrist. This resulted in significant scarring. Our client continued to suffer from pain and stiffness in his wrist and forearm which, in turn, affected his daily activities and his ability to work.
Throughout the duration of this claim, the Defendant continued to deny that the treatment afforded to our client was in any way negligent or the cause of our client’s injury. Despite the full denial of liability the claim settled for £80,000.
NHS settle negligent hip replacement case with right to return for more compensation
Our client was a chef who underwent hip replacement surgery at an NHS Trust. The surgery was negligently performed and as a result, our client required hip replacement revision surgery. He was left with reduced mobility and pain that affected his ability to carry out day to day activities and prevented him from returning to work. He will require further hip revision surgery with a possibility that he will be left more disabled in the future than he was at the time of settlement.
As a result of the risk of future complications, we managed to agree that in addition to the compensation he received at settlement of his claim, he also has the right to return to Court for additional compensation if his condition deteriorates.
Our experience in dealing with high value cases where settlements like these have been claimed, allowed us to achieve a great result for this client. The settlement reached has given him the compensation that he needs to deal with his current level of disability and offers him security for the future if his condition deteriorates.
The claim settled successfully for £600,000, plus the right to return for further compensation if his condition deteriorates.
Below the knee amputation after inappropriate treatment of diabetic patient
Our client was a diabetic who suffered an injury to his foot. His injury healed except for one toe which got infected. He was referred to a vascular surgeon who instead of amputating the toe discharged our client, advising him it would fall off by itself. Our client’s toe continued to deteriorate. He went to his hospital and GP on a number of occasions complaining of his worsening condition with pain now extending up his leg. Unfortunately by the time it was treated, our client had to undergo a below the knee amputation. This had a considerable impact on the quality of his life.
We instructed a number of medical experts to ensure that our client had the best possible help with the care and assistance he will need in the future. He required a prosthetic leg, and his home was also adapted.
The claim successfully settled for £725,000.
Gynaecological injury caused by surgery
Our client sadly suffered a miscarriage and had to undergo a surgical procedure. During this operation her uterus was pierced which caused internal bleeding. She then had to undergo open surgery to repair the damage which resulted in abdominal scarring. The surgery also left her with extensive internal adhesions which tragically left her only able to conceive through IVF.
Our client continues to suffer from pain which greatly restricts her day to day life. She also suffered a significant psychiatric injury and has required counselling. She is also at risk of further gynaecological complications. Her employment is affected and she required adaptations to her home.
The claim successfully settled for £350,000.00.
Unnecessary gynaecological surgery
Our client was referred to a private gynaecologist after a single episode of post-menstrual bleeding. She had no other symptoms. An ultrasound and laparoscopy was performed. She was found to have adhesions to her left ovary and uterus, and a fibroid on one of her ovaries.
She underwent a total hysterectomy and removal of her ovaries despite a registrar’s opinion that it was not needed. The surgery was performed as an open procedure rather than by keyhole. She also suffered from an incisional hernia which had to be repaired in a further procedure.
In summary, our client underwent three unnecessary operations which resulted in physical and psychiatric injuries. The gynaecologist was subject to a GMC investigation and now works subject to a number of conditions.
The claim successfully settled for £48,500.00.
Please contact our specialist medical negligence team on 020 7288 4800 or complete our online medical negligence enquiry form.