Compensation of £425,000 recovered for a patient following a failure to perform laparoscopic cholecystectomy to an acceptable standard

Jonathan Herbert, a specialist clinical negligence lawyer acting for the claimant, recovered damages of £425,000 to compensate him for his pain and suffering and financial losses following a failure to perform a laparoscopic cholecystectomy to an acceptable standard. This resulted in a vascular biliary injury and right hepatic artery injury, requiring further emergency open surgery the next day to complete the cholecystectomy and reconstruct his bile duct. He spent several days in intensive care before eventual discharge and continued to suffer associated symptoms, which impacted his work and social life.

After experiencing abdominal pain, Mr N was diagnosed with gallstones and cholecystitis. He was advised to undergo a laparoscopic cholecystectomy (removal of the gallbladder). The procedure was performed by Mr Ali at Spire Tunbridge Wells Hospital. However, during surgery Mr N suffered a complex vascular biliary injury and damage to his right hepatic artery. Mr Ali removed both of Mr N’s common hepatic ducts and referred him to London Bridge Hospital. The following day, Mr N underwent emergency corrective surgery there.

As a result of the injury suffered during the original surgery, Mr N experienced a prolonged period of recovery, including two days in intensive care, a large disfiguring abdominal scar, and recurrent bouts of cholangitis which required hospital admission and caused fatigue, impaired libido, dietary changes, itching and episodes of painful defecation. This led to low mood, concentration issues and the loss of his job due to poor performance. Mr N was also left with ongoing risks of developing a stricture requiring surgical intervention, an incisional hernia requiring surgical intervention, acute adhesive bowel obstruction that might require surgical intervention, and biliary cirrhosis of the liver, with an associated risk of liver cancer and/or portal hypertension and a possible need for a liver transplant.

We were instructed to bring a claim for compensation and acted on a ‘no win, no fee’ basis.

Advice was initially taken from an expert consultant surgeon, who reported a series of failures during the initial operation. A letter of claim was sent, which resulted in an admission of liability. The defendant also made a low offer of settlement, which was not accepted. Thereafter, negotiations were not possible because of intervening health issues. Court proceedings were issued and judgment for damages to be assessed was entered in Mr N’s favour. Reports were then served by experts in care, plastic surgery, and loss of earnings and pensions. A settlement meeting took place, which concluded with a settlement of £425,000 plus Mr N’s costs.

This case study demonstrates the expertise of our Clinical Negligence team in handling cases involving surgical errors.

Jonathan Herbert is a specialist medical negligence lawyer. If you would like to ask him a question about a potential case, or if you have a general query about any personal injury, contact him at Thomson Snell & Passmore solicitors on 01892 701226 in confidence.

Thomson Snell & Passmore has one of the largest and most experienced specialist medical negligence teams in Southern England, including London. Our team of experienced lawyers has the expertise essential in this sensitive and often complex area of law. Our Clinical Negligence team is ranked number 1 in both the Legal 500 and Chambers and Partners UK, and we offer ‘no win, no fee’ agreements on the vast majority of our clinical negligence and personal injury cases.