Compensation Recovered for Avoidable Pain in Surgery

Posted on June 9, 2015

We acted recently for a client who experienced unnecessary pain during an operation at Wythenshawe Hospital and recovered compensation of £3,500 for him.

Mr D had successfully undergone coronary artery bypass grafting and aortic valve replacement at Wythenshawe Hospital. At the end of the procedure his divided sternum was re-fixed using two sternal wires. He enjoyed a full post-operative recovery but began to experience pain and discomfort from the sternal wires, which can occur in a small number of patients.

Our client was readmitted for removal of the sternal wires and consented to the procedure being performed under general anaesthetic. On the morning of the procedure he was given a light breakfast on the ward and his procedure was brought forward on the operating list. When Mr D reached the anaesthetic room an anaesthetic assessment was first undertaken, and it was noted that he had not been fasted for the general anaesthetic. The plan was changed so that Mr D was to receive a local anaesthetic.

He alleged that the change of anaesthetic plan was not communicated to him, that the benefits and risks of the change were not explained and that he did not consent to proceeding under local anaesthetic. Mr D was not given the option to postpone the procedure to a time when he could have received a general anaesthetic. Significantly, Mr D alleged that the local anaesthetic was not administered correctly, and that adequate monitoring was not carried out before and during the procedure. Mr D alleged that he was not told how to communicate pain or issues during the procedure. The result was that Mr D felt significant pain throughout the procedure to remove the sternal wires.

Pearson Solicitors investigated Mr D’s claim and obtained expert evidence from an anaesthetist, a cardiothoracic surgeon and a psychologist. A claim was issued against University Hospital of South Manchester NHS Foundation Trust which led to a settlement being reached in the sum of £3,500.

Kenneth Lees, Medical Negligence Solicitor, who handled the case said: “Mr D experienced pain during the removal of his sternal wires due to a combination of avoidable factors in his preoperative and intraoperative management. We conducted a thorough investigation of Mr D’s claim and I am pleased that we secured a financial settlement for him”.

If you need help and advice following complications in surgical procedures please call now on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

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