Client receives £140,000 following cholecystectomy at Basildon Hospital | Fieldfisher
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Case Study

Client receives £140,000 following cholecystectomy at Basildon Hospital

Fieldfisher's Jonathan Zimmern recently represented Mr Edwards in a claim for damages resulting from delayed treatment and a negligently performed cholecystectomy.

Mr Edwards went to Basildon Hospital complaining of abdominal pain, vomiting and jaundice.  Despite several investigations, no diagnosis was reached and Mr Edwards was discharged.  Plans for him to undergo further investigations at the hospital were never carried out. 

Nearly two years later, Mr Edwards went back to the hospital complaining of similar symptoms. He was again discharged with plans for an outpatient appointment and again, no appointment was arranged. When he continued to feel unwell, Mr Edwards went to his GP and was referred back to Basildon Hospital.  Significantly raised liver function tests meant the hospital performed a cholecystectomy.

Following surgery, Mr Edwards was very unwell and a cholangiogram a few weeks later showed a leak midway down the common bile duct.  An ERCP then confirmed a large leak. 

As a result of the cholecystectomy, Mr Edwards has required numerous ERCP procedures, major abdominal surgery and a hernia repair.  He also suffers from recurrent and ongoing attacks of cholangitis and neuropathic pain.  Not surprisingly, this has had significant impact on his physical and psychologicalhealth. 

Mr Edwards instructed Jonathan Zimmern to bring legal proceedings against the Trust. A care expert, a psychiatrist and a consultant surgeon together asserted that it was negligent to have not arranged a CT scan, ERCP or follow up appointment when Mr Edwards was discharged from the Trust and that follow up appointments should have been offered following his admissions. They also asserted that there had been a negligent complete transection of the bile duct during the cholecystectomy.  The Trust admitted liability and, following a delay due to Mr Edwards's poor health, settlement totalling £140,000 was achieved.

Mr Edwards said this about Jonathan:

"I would like to take this opportunity to thank you and your staff for everything that you have done.  For me it's been up and down, however we finally came to an agreement and a good settlement. I can now concentrate on getting myself as healthy as I can be, and to start enjoying my life.  All this would not have been possible without the help of you and your team. So once again thank you all so much."

Contact us

For further information about surgery negligence claims and clinical negligence claims, please call Jonathan Zimmern on 03304606779 or email


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