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Bile Duct Injury During Key-Hole Surgery
Mrs P, a 72 year old lady, underwent what was described by the Defendant Hospital as routine key-hole surgery for the removal of her gall bladder in 2000. During the operation the surgeon got into difficulty and damaged Mrs P’s bile duct, but did not recognise his error. Mrs P was discharged shortly after the operation but quickly became unwell and was readmitted to the Defendant Hospital. Thereafter, she was transferred to a hospital in London where a leading surgeon performed remedial surgery to repair the bile duct injury. Mrs P remained in hospital for a further month.
Mrs P originally had no intention to pursue a claim or even to make a complaint. She contacted the Defendant Hospital to ask if they would reimburse the expenses which her husband had incurred during the period that he stayed with her whilst she was treated in London. However, the Defendant Hospital treated her enquiry as a complaint and investigated the matter. At the conclusion of the investigation Mrs P was advised that the Defendant Hospital had done nothing wrong and that they would not reimburse her husband’s expenses. It was this response that caused Mrs P to seek legal advice.
Mrs P instructed Wolferstans approximately one year after the injury. Her recovery was very slow and her injury was still affecting all aspects of her daily life. She was reliant on her family to provide her with care on a daily basis.
We recognised that Mrs P’s claim was likely to be a difficult claim to prove but that it was worth fighting and therefore we offered to pursue the claim for her. The only means for funding the claim was under a Conditional Fee Agreement which was signed at the outset of the claim.
We obtained Mrs P’s medical records and thereafter instructed an eminent surgeon in this field of medicine who advised that Mrs P had a strong case. We contacted the Defendant Hospital notifying them of the allegations of negligence which would be advanced on Mrs P’s behalf. These were all strongly denied and it was necessary to commence Court proceedings. Mrs P’s case was fully contested until 4 months before the date which had been fixed for the Final Trial, when the Defendant made an unexpected offer to settle Mrs P’s claim by making a payment of £60,000 damages plus payment of her legal costs.
Mrs P was delighted to accept the offer as this brought her claim to a conclusion and avoided the need for her to attend Trial.
Simon Parford who conducted this claim on Mrs P’s behalf says: “Mrs P was very pleased with the terms of settlement of her claim and I was delighted to have been able to have brought her case to a successful conclusion for her. The damages will enable Mrs P to employ the domestic help she needs and to employ a gardener, as well as compensating her for the pain and suffering she has endured as a result of the Hospital’s negligence.”