Our client underwent a hiatus hernia (when part of the stomach moves upwards) repair in 2015 but, afterwards, had difficulty swallowing. She was readmitted to hospital and investigations were carried out and she underwent further surgery. It was found that the wrap (the procedure was a Nissen fundoplication involving wrapping the top of the stomach around the lower part of the oesophagus after reducing the hernia) which had been carried out using keyhole surgery was too tight and this needed to be loosened. Although our client’s symptoms improved following the second operation she had ongoing symptoms and was subsequently diagnosed with a hernia through her port site scar, which needed to be repaired. In 2019 she required further surgery when she developed small bowel obstruction due to adhesions and, in 2020, underwent an elective incisional hernia (when tissues in the abdomen protrude through abdominal muscles weakened by a surgical incision) repair. Psychiatric evidence was also obtained in the case.
Although our client made an attempt to settle the case before action by requesting mediation, proceedings were eventually issued and served. Our client’s case included issues on informed consent, in that investigations carried out before surgery were inconclusive that there was acid reflux and ought to have been repeated before advising her to have surgery. The case also included an allegation that the wrap that was carried out was too tight, too long and too deep, and therefore created a supracompetent sphincter. Although it was admitted that the wrap was too tight it was denied that there was any breach of duty.
The case settled after service of a detailed Schedule of Loss.
Giles Mooney QC of 9 Gough Chambers was instructed. The compensation includes awards for loss of earnings, care provided by the family, pain, suffering and loss of amenity, future medical treatment and psychological treatment.
I found Moore Barlow, and Mala, very easy to deal with. I was kept in the loop every step of the way. I felt that a personal interest was taken in the handling of my case. Very grateful.
Client
It would have been much easier for our client if our offer to negotiate had been taken up before proceedings had commenced. However, I hope that this settlement will help our client obtain necessary treatment and allow her to move forward with her life.
Mala Sidebottom, Partner in Clinical negligence team
