Geldards successful in securing damages following negligent Gastric Bypass surgery and after-care

Rachel Kirby, Senior Associate, in our Medical Negligence team secured damages of £100,000 on behalf of our client.

Our client underwent a Rouxen Y Gastric Bypass in April 2018 under the care of Imperial College Healthcare NHS Trust in London. Post-surgery, she experienced complications which required an exploratory laparoscopy that was converted to a laparotomy. It was noted that the small bowel had perforated as a result of a leak from her gastrojejunostomy which led to her developing faecal peritonitis. The repair was performed but our client remained septic and developed pneumonia. She was treated with intravenous antibiotics.

Our client remained in hospital for over a month and later underwent several further surgeries due to developing an abscess near the wound site and wound dehiscence. She suffered ongoing abdominal pain.

We were instructed by our client and promptly served a Letter of Claim against Imperial College Healthcare NHS Trust. Our allegations against the Trust included a failure to note an enterotomy during the surgery. We further alleged that the operating surgeons had failed to note the presence of 350ml of fluid in our client’s drain. Our client’s condition had declined post-surgery and we alleged that it was a breach of duty that a senior member of the surgical staff had failed to undertake an urgent review. We further alleged that it was a breach of duty that our client was not taken to surgery until 14 hours after her deterioration.

It was alleged that had the Defendant not been in breach of their duty of care, our client would not have suffered post-operatively with small bowel perforation, faecal peritonitis, sepsis, pneumonia, lower lobe pulmonary consolidation, a prolonged stay in hospital, several further surgeries due to developing an abscess, blisters and blood blisters, diagnosis of wound dehiscence, the need to undergo further admissions to hospital, wound exploration/debridement and further CT scans.

A Letter of Response was received from Imperial College Healthcare NHS Trust in which some admissions were made in relation to liability and causation. The Trust invited us to provide condition and prognosis evidence for them to consider a potential settlement.

Experts in general surgery, pain management, and psychiatry were consulted for their opinion.

We made an opening offer in settlement of the claim to which the Trust responded with a counteroffer of £80,000. A robust approach was taken to negotiations, with the settlement of the Claimant’s damages being agreed in the sum of £100,000.

If you have concerns about medical treatment that you or a loved one has received, please call us for a free consultation on 02920 391773 or contact Linda Williams by email at linda.williams@geldards.com.