£30,000 recovered for wife of victim of substandard medical care

Wake Smith Solicitors 26 July 2008

The Medical Negligence department have recently recovered £30,000 on behalf of the wife of a local man who died undergoing abdominal surgery at the Bassetlaw Hospital in 2004.

The claim related to treatment for appendicitis (inflammation of the appendix). During surgery the procedure became complicated and, whilst the circumstances merited emergency intervention, the surgeon performing the operation took the decision to halt the procedure and continue conservatively. The man's condition deteriorated, he developed a widespread infection and sadly died.

The Claimant's case was based on the fact that the operating surgeon did not appear to have the necessary level of skill and experience to deal with the complication that arose (a complication which was entirely foreseeable and should have been expected). The most appropriate course of action would have been to perform a more extensive operation which could have meant that the patient had a greater chance of making a good recovery.

After a lengthy investigation and continued denials of liability, the Doncaster and Bassetlaw Foundation NHS Trust finally admitted that the treatment received by the patient had not been reasonable. The Trust agreed to settle the claim out of court and, in addition, wrote an open letter of apology to the Claimant.

Terry Regan, a solicitor within the Medical Negligence department, who acted on behalf of the Claimant said, "This was a particularly upsetting set of circumstances with an entirely needless and utterly avoidable death of the Claimant's husband. This case raised an important issue in relation to the ability of smaller hospitals to perform complicated surgery which may be beyond their skill and expertise. In this instance the action that was required at the time of the initial surgery was not undertaken, for reasons which are unclear, this could have been due to inexperience on the part of the surgeon. If the hospital did not have the expertise to deal with the patient they should have referred him elsewhere. I am pleased that we were able to resolve the claim without proceeding to trial although compensation in these cases is rarely, if ever, enough to reflect the loss that has been suffered by our client and her children".

If you have any concerns in relation to medical treatment that you have received then please contact our Medical Negligence team on 0114 266 6660 or email [email protected].

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