Substantial compensation awarded following negligent gallstone removal
09 | 11 | 2011
Hugh James'
clinical negligence team have recently recovered damages of
£190,000 for a client for injuries suffered as a result of a
negligent gall bladder operation. The claimant had originally
been advised by other solicitors that he did not have a valid
claim.
In 2001 the
claimant underwent a procedure known as endoscopic sphincterotomy
to remove stones from his gallbladder and bile duct. After the
procedure he began to suffer recurring pain and illness and, over
four years later in November 2005, was readmitted to hospital.
Tests revealed that the gallbladder had become inflamed and
required removal. In January 2006, the gallbladder was removed
and, shortly after, the claimant began to suffer persistent
abdominal pain. He was eventually transferred to the Queen
Elizabeth Hospital in Birmingham, where it became apparent
that he had sustained a major injury to the bile duct following
removal of his gallbladder and required reconstructive
surgery.
The
claimant made a complaint about his treatment to the Cwm
Taf Local Health Board but that complaint was rejected by
the Board. He therefore instructed solicitors
who, after commissioning a medical report, advised
that he did not have a valid claim.
Unwilling to
accept this advice, the claimant then transferred his
instructions to Hugh James Partner, Andrew
Davies. Andrew successfully proved that the injury
had been caused by negligent treatment and secured £190,000 in
compensation settlement.
Says Andrew Davies "This was a challenging case. It appeared that everyone was
against the claimant
and he was disappointed by the
advice he received from his previous solicitors.
However his belief and
determination helped him to
recover the compensation he deserved following an
extremely distressing
period and life changing
injuries”.
Read the the full case study.