Man claims £325,000 following appendectomy errors
A client (LG) approached Express Solicitors after an incomplete appendectomy came back to haunt him sixteen years later when he was unexpectedly rushed to emergency surgery. He underwent a laparotomy, hemicolectomy and ileostomy and suffered from permanent scarring and health issues.
Due to the immense strain that this negligence has put on an unsuspecting man, solicitor Ben Gent and the medical negligence team fought his corner to secure a £325,000 compensation payment for surgical negligence. Despite a lengthy legal battle and other firms turning his case down, LG received the compensation he deserved due to the passionate support of our legal team who sought for nothing but the best for him and his family.
Surgical errors leaves a man with permanent health concerns
In 1995, LG went for what he believed was a routine appendectomy when he was 12. Unfortunately, the surgeon left part of the appendix. Sixteen years down the line, this got infected, causing LG to pass out with abdominal pain and be rushed to emergency surgery. He underwent a series of operations which ended in the removal of much of his bowel. He was left with scarring, urgency of stool, episodic bowel incontinence, pain, and an adjustment disorder with anxiety and depression.
After the surgery, LG managed to return to work because he wanted to support his partner through her nursing studies and set an example for his children. However, he wasn’t able to eat anything until after work due to his shortened bowel, had to take spare clothes every day, deal with accidents, and was unable to perform more than light manual labour before being in agonising abdominal pain.
The medical negligence of the past meant that he couldn’t play with his children, couldn’t socialise and lived in fear of further accidents. When he eventually had to give up his job, he began to seek legal representation.
A four year fight for justice
After two firms turned down LG’s case, Ben Gent sat down with him and acknowledged the pain and suffering he and his family had gone through as a result of this negligence.
Because of the medical evidence following the emergency surgery, combined with previous records, even the NHS could not deny negligence, so the majority of the case hinged on the compensation awarded.
Until recently in these circumstances a claimant might only be awarded a lump sum for disadvantage on the labour market but now there are actuarial studies showing the effect of disability on future earning capacity and proper evidence based calculations mean realistic levels of compensation. Because of this, we wouldn’t settle for anything less than keeping this family financially secure for years to come.
While LG did have to give up work, his employer did provide detailed statements about his difficulties and said that there was no suggestion of him ‘playing the system’. This evidence proved invaluable and we were able to claim long term lost earnings, giving credit only for realistic residual earning capacity in that he hoped, after therapy to retrain and perhaps find a part time job.
Only the NHS will know why the case took 4 years to settle. LG was a down to earth hard-worker who was only ever honest about his injuries, which were life changing, frustrating and embarrassing for him. Even when all the experts agreed the extent of the injuries, LGs case was disputed. The defendant could have saved a lot of money by accepting earlier offers but instead the claim ran to two weeks before trial.
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A huge victory for LG and his family
Two weeks before the trial, the NHS Trust settled on a compensation payment of £325,000, a vast improvement of their original offer of £20,000 at the outset of proceedings.
While no amount of money can adequately compensate for the anguish LG and his family have gone through, along with his lasting health concerns, it’s a huge step into a more secure future for all of them.
LG spoke of his legal experience in glowing terms, “From the very start Express Solicitors were very sympathetic, supportive, and joined me in thinking that this was a life-changing, horrific ordeal for my family and I to have gone through and subsequently have to live with.
“My family and I can’t thank Ben and Express Solicitors enough for the fight they led for us over the four years. The outcome is a life changing amount of money that can give some security to me now that it has cost me my job. From day one of working with Express they gave me no doubts that this would be the final outcome, always in my corner and at the same time leaving me in total control. Ben and his clinical negligence team surpassed all expectations I had during the whole claim and his constant communication and updates always left me feeling satisfied that my case was in the right hands.”