Successful settlement following clinical negligence claim against GP

Posted by Gemma Osgood on

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The Miss N was diagnosed with gallstones in May 2011, following an Ultra-sound scan. The Defendant (her GP) failed to discuss treatment and management options with her at the time of diagnosis and during the following months in which she continued to present with abdominal symptoms. Treatment options offered by the Defendant should have included the option of undergoing surgery. Furthermore, the Defendant persistently failed to advise Miss N of the risks should she not undergo surgery.

As a direct result of negligence by the Defendant, Miss N suffered from advanced symptoms of gallstones, including shoulder pain, itching, diarrhoea, right upper quadrant tenderness and jaundice which eventually led to the development of pancreatitis.

Had Miss N been properly advised of the treatment options available to her and the risks associated with each, she would have elected to have undergone surgery to remove the gallstones. Miss N would have been referred for a surgical opinion on a non-urgent basis as an out-patient and would have been seen within 3 months and operated on shortly afterwards.

Had surgery been performed within this timescale, the surgery would have been uneventful and performed laparoscopically, involving a two day stay in hospital. Instead, Miss N had to undergo an endoscopic retrograde cholangiopancreatography under sedation in April 2012 and more invasive surgery (a cholecystectomy and bile duct reconstruction) by laparotomy in June 2012 and had to spend 7 days in hospital with a more prolonged and complicated recovery. Miss N has been left with a 26 cm scar which causes her embarrassment.

She suffers from on-going intermittent symptoms of diarrhoea as a result of the surgery she had to undergo. This could have been avoided if earlier, uncomplicated surgery had been performed.

Furthermore, she has been left with a long standing tendency to obesity because of the roux-loop rearrangement that was conducted and she has been left with an additional risk of developing an incisional hernia and/or adhesional obstruction at some point in the future.

BL Claims Solicitors were instructed by Miss N to resolve this matter. We obtained supportive expert evidence and then sent a Letter of Claim to the Defendant. Liability was admitted immediately but not causation. In light of our supportive expert evidence we made a Part 36 offer to the Defendant. Negotiations began and settlement was eventually reached in the sum of £27,150.00.

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About the Author

Gemma is a Senior Associate in our Clinical Negligence team with extensive experience in all areas of medical negligence claims.

Gemma Osgood
Email Gemma
023 8085 7248

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