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Operating Theatre Negligence Claim
Operating Theatre Compensation Claim
Rachel Sankey V Michael Stafford (2004)
Private Patient Damages Claim
The claimant, a 36-year-old woman, received £13,000 for the perforated bowel sustained during surgery in October 2000. The claimant suffered a diathermy injury and developed peritonitis and consequently had to undergo a right hemicolectomy.
Claimant: Female: 33 years old at date of accident; 36 years old at date of settlement.
Clinical Negligence: On 19 October 2000, the claimant who was suffering from pelvic pain was admitted to hospital as a private patient and underwent a laparoscopic adhesiolysis performed by the defendant. During the surgery, the claimant sustained a diathermy injury to her bowel.
The claimant brought an action against the defendant alleging that he was negligent in the surgical procedure, which caused the injuries.
Liability disputed.
Unreasonable Delay
Expert evidence for both parties showed that the decision to carry out a laparoscopy could not be criticised. However, the claimant submitted evidence of sub-standard care regarding the diathermy injury to her bowel. The claimant also alleged that there was an unreasonable delay of two days in diagnosing peritonitis, which increased the claimant's pain and suffering.
The defendant alleged that that the claimant's bowel damage during diathermy was an acceptable complication of the procedure, and that there was no evidence of sub-standard care. The defendant also disputed that there was a delay in diagnosing peritonitis.
Injuries: The claimant sustained a diathermy injury to her bowel during the surgery.
Injuries: The claimant sustained a diathermy injury to her bowel during the surgery.
Effects: The claimant consequently suffered from a perforated bowel and peritonitis. She had to undergo a laparotomy to confirm the perforation of the bowel and a right hemicolectomy to repair the injury. On 4 November 2000 the claimant was discharged from hospital and made a complete recovery from her injuries.
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Extra Medical Expenses Claim
The claimant did not suffer from any long term effects of her injuries, however she did experience a short period of loss of earnings and a small amount of care was required.
Out of Court Settlement: £13,000 total damages.
Out of Court Settlement December 2003
LTLPI 27/2/2004 (Unreported elsewhere)
Document No.: AM0200573
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