James Cahan, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured compensation for a client who required life saving treatment and intensive care after a negligently performed cosmetic gastric bypass surgery, performed by a private surgeon.
The claimant in this clinical negligence claim was a 38 year old female from the City of London who had enquired about having a hernia operation on the NHS. She instead found herself agreeing to a private hernia operation, combined with a major laparoscopic cosmetic gastric bypass procedure, in a “two for the price of one” type deal with a private surgeon.
The claimant saw the defendant (a surgeon in the private sector) who confirmed she had a hernia. At the same time, he spoke to the claimant about her weight and suggested to her that she could consider having laparoscopic cosmetic weight loss surgery (in the form of a gastric bypass operation) at the same time as having her hernia operation. He explained that the benefits would include saving her money. The claimant agreed to this.
The surgery was carried out less than a month later, after just two very brief pre-operative consultations. The claimant was not given adequate information about the gastric bypass procedure and the life changing implications it would involve. The claimant was given the impression that this major surgery was routine and nothing to be concerned about. None of the NICE guidelines regarding preparing patients for weight loss surgery were followed.
Following the laparoscopic operation the claimant was taken to recovery and within hours it was noted that she was sweaty, and tachycardic (suffering from a higher heart rate than normal) with a raised blood pressure.
The claimant was discharged without an adequate review from a doctor and was not given any warnings about the sinister symptoms that she was developing.
Later that evening, the claimant was rushed back to an NHS hospital by ambulance with a raised temperature, tachycardia and clamminess.
A CT scan was performed the next day and the claimant was found to have a large left pleural effusion (collection of fluid next to the lung) and a collapse of the left lower lobe (collapse of the lower part of the left lung). A large leak was identified from the site of the gastric bypass. An operation was performed later that afternoon to drain pus away. The day after, a chest drain was inserted and she remained in hospital for over two months.
After she was discharged, the claimant was left with ongoing physical pain and discomfort, nausea, tiredness, dizziness, hypotension, blood sugar problems as well as requiring vitamin injections. She also suffered psychiatric injury.
James Cahan, acting for the client, was able to negotiate an out-of-court settlement for the claimant, to compensate her for the pain and suffering that she suffered.
James Cahan specialises in cases involving cosmetic and bariatric (weight loss) surgery. If you would like to ask James a question about a potential case, or if you have a general query about any personal injury, contact him on 01892 701289 in confidence.