The clinical negligence team demonstrated their expertise when they recently recovered damages for a lady who suffered an adverse outcome after carpal tunnel surgery. The case settled for an undisclosed award plus legal costs.
Jonathan Herbert acted for Dr D who suffered a motor branch nerve injury following carpal tunnel surgery.
Dr D was referred to the Kent and Sussex Hospital at age 66 after encountering pins and needles and numbness in her hands (more so in her non-dominant left hand) over period a 2 year which became increasingly noticeable following ordinary daily activities. Carpel tunnel syndrome was diagnosed and she was was advised by to undergo carpal tunnel surgery. The only warnings given were as set out on the consent form which recorded possible complications as "tender scar, pillar pain". After surgery, Dr D complained of muscle wastage and loss of function (and not just to her thumb, but also her hand), reduced thumb movement and postural change of thumb position with a weakened grip in certain situations.
Dr D should have been warned of the risk of nerve damage as part of the consent process, but was not. Had she been warned of the risk of nerve damage associated with the proposed operation, Dr D would not have undergone surgery at that time and would have taken time to consider whether she might proceed with the operation.
Informed consent was not taken
In addition to the loss of function, Dr D also suffered scarring as a consequence of surgery.
Dr D instructed Jonathan Herbert to pursue a medical negligence claim against the hospital and an early settlement was achieved for an undisclosed figure plus legal costs.
Jonathan Herbert specialises in medical negligence cases. If you would like to ask Jonathan a question about a potential case involving issues of consent for medical treatment or you have a general query about medical negligence contact him on 01892 701226 in confidence.
We have one of the largest and most experienced specialist medical negligence teams in Southern England including London. Our team of highly experienced lawyers has the depth and range of expertise essential in this sensitive and often complex area of law. Our clinical negligence team is very proud to be ranked Number 1 in both the Legal 500 and Chambers and Partners UK.