£200,000 for elderly patient following gallstone surgery errors | Fieldfisher
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Case Study

£200,000 for elderly patient following gallstone surgery errors

Mark Bowman recovered £200,000 in a surgical negligence claim. The surgeon made errors during surgery to remove gallstones and our client spent more than five months in hospital as a result.

Verity suffered from abdominal pain, bloating and diarrhoea. She was diagnosed as suffering from gallstones and was advised to have an operation to have them removed.

During the operation, the surgeon noted a perforation in the accessory bile duct. He decided to drain and reassess the following day.

Following the operation, Verity’s health rapidly deteriorated and she was transferred to ICU. An emergency laparotomy was performed the next day, following which she developed acute respiratory distress syndrome, biliury peritonitis, recurrent pneumothoraces, recurrent chest pain, foot drop secondary to critical care neuropathy and atrial fibrillation. 

Verity remained in ICU for many days and was then in hospital for months before she was discharged home.

Verity instructed Mark Bowman to pursue a claim. 

Our expert surgeon confirmed that during the operation, the surgeon should have converted immediately to a laparotomy so that the accessory duct could have been ligated, preventing the biliary leak and numerous post operative and long term problems.

Proceedings were served but the trust denied liability.

Further evidence was obtained on behalf of Verity from experts in care, neurology, psychiatry and respiratory diseases.

A third offer of £200,000 was accepted by Verity. The offer was felt to be an excellent settlement due to the fact that liability remained in dispute and there was debate as to Verity’s life expectancy.

Verity received the full sum of £200,000 and all her legal fees. Afterwards she said:

“I am very happy and grateful for your help over the past few years. I could not have got where I am today without you. 

"Whereas at one stage I had wished to accept the defendant’s first offer, thanks to your careful guidance, I now appreciate that I would have made a grave mistake to settle for such a sum. Thank you.”

Contact us

For further information about surgery negligence claims and medical negligence claims, please call Mark Bowman on 03304606794 or email mark.bowman@fieldfisher.com.


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