Object Left Inside Patient after Treatment Medical Negligence Case

23 November 2017

By Medical Negligence Solicitor Daniel Comerford

Client Situation

Mr C suffered with diabetes and vascular disease. He was admitted to South Tees NHS Foundation Trust for an elective above knee amputation on 20 February 2016.

A perioperative Painkwell catheter was inserted to assist with pain management.

On 21 February 2016, the catheter connection became detached. On 22 February 2016, a Vascular Surgical Nurse Practitioner initially removed the catheter line from the wound. Whilst doing so, the Vascular Surgical Nurse Practitioner observed what was described as a piece of tissue or suture. A Consultant Vascular Surgeon’s opinion was sought. The Consultant reviewed the remaining tissue/suture material. It was described as being a short segment of single filament. The surgeon cut the material short.

Mr C was subsequently discharged and started rehabilitation. He initially made good progress. But, on around August 2016, he began to experience an itching sensation which developed in to a sinus on his stump. This wound caused him pain and discomfort when using his prosthetic leg which slowed down his rehabilitation and his return to independence.

On 7 November 2016, Mr C attended his GP Practice. Upon examination by his doctor, a plastic tube was found within the stump measuring 16 cm long and 1mm in diameter. The GP removed this.

By 18 November 2016 Mr C’s wound had healed and he finished his rehabilitation in December. He remained concerned however that the delay in using his prosthetic leg had resulted in a long-term reduction in his recovery.

How We Helped

Mr C contacted Co-op Legal Services and spoke with Medical Negligence Solicitor Daniel Comerford who noted all the details, recorded Mr. C’s concerns and provided Mr C with specialist legal advice free of charge.

Mr C then instructed Co-op Legal Services to deal with his medical negligence claim and Solicitor Daniel Comerford wrote to the Defendant and Mr C’s GP requesting copies of all of his medical records. As the negligence was relatively straight forward we invited the Defendant to make early admissions of liability.

The Defendant and the GP provided us with the copy records as requested. We were also contacted by NHS Resolution, the body that manages claims against the NHS, who admitted the negligence and offered Mr C £2,500 in compensation.

Daniel reviewed the medical records and prepared a chronology of Mr C’s treatment and recovery. Daniel also approached an independent expert Prosthetist who considered Mr C’s recovery and confirmed that although the sinus had slowed his early recovery it would not have impacted on his long-term recovery.

Daniel reviewed similar medical negligence claims and compensation awards and advised Mr C that the offer of £2,500 was insufficient for the pain and suffering he had experienced. Daniel then contacted NHS Resolution and negotiated with them on Mr C’s behalf.

The Outcome

As a result of Daniel’s negotiations, Mr C was awarded £4,400 in compensation in respect of his pain and suffering and the delay he experienced regaining his independence.

Following his initial amputation Mr C had paid for a new door and concrete ramp at his home to help him and, although the need for this building work had not been caused by the medical negligence, he was very happy that the compensation he recovered more than covered the costs of the building work.

At Co-op Legal Services our Medical Negligence Solicitors offer free legal advice to people who may have suffered negligence as a result of a medical mistake.

For a free consultation with a Medical Negligence Solicitor call 0330 606 9587 or contact us online and we will call you.

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