Ms Nicholas went to A&E at East Surrey Hospital complaining of abdominal pain. She was admitted and it was decided to perform a diagnostic laparoscopy, with a laparoscopic appendectomy if needed. The diagnostic laparoscopy identified that she had an acutely inflamed appendix and the decision was therefore made to remove the appendix.
During surgery, the surgeon failed to ensure he could visualise the appendix as it was removed from the umbilical port so did not see that he had trapped a loop of Ms Nicholas' small bowel. Realising the mistake, he then found three serosal tears requiring repair. Ms Nicholas and her parents were informed of the injury after surgery.
In the weeks and months that followed, Ms Nicholas suffered from severe abdominal pain. She required multiple further hospital admissions, including surgery to treat a partial adhesive bowel obstruction. She was eventually diagnosed as suffering from a stricture at the site of her small bowel injury, requiring further surgery to clear.
While Ms Nicholas has since made a good physical recovery, she has extensive surgical scarring which causes her great anxiety. She also now suffers from anxiety, PTSD and panic attacks because of her experiences.
Ms Nicholas' parents instructed Jamie to investigate the claim. A paediatric surgeon considered there were multiple reasonable ways the surgeon could have ensured he had sight of the appendix as it was removed from the umbilical port to prevent the injuries sustained, and that the failure to undertake any of these methods amounted to negligent treatment. If appropriate treatment had been provided, Ms Nicholas' appendectomy would have been uneventful and she would have made a full recovery.
Jamie subsequently sent a Letter of Claim to East Surrey Hospital, which denied liability. Despite this, Jamie was able to obtain reports from a colorectal surgeon and a psychiatrist to comment on Ms Nicholas' condition and prognosis, and was able to quantify and settle her claim outside formal Court proceedings and without an admission of liability.
Following settlement, Ms Nicholas' parents said:
'After looking online at different law firms to contact we found Fieldfisher - and what a great decision it was to engage them!
'From the first phone call, Jamie Green took the time to explain all aspects of our daughter's case. He didn’t give a “hard sell” or just tell us what we wanted to hear but explained it would be a long process and at times there would be periods where not a lot would happen.
'Through the lifetime of the claim, Jamie kept us up to date and would always be happy to take a call to give us an update. He would always take the time to explain any complicated points into something understandable. Throughout the process he would always have the wellbeing of our daughter at the forefront of any decisions and really understood the impact that this has had on our family.
'Thank you so much Jamie for your hard work and dedication to get the best possible outcome for our daughter.'
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