Keyhole Surgery cases
A v Lewisham Hospital NHS Trust (2003) - Failure
to identify and properly occlude the cystic artery during
laparoscopic cholecystectomy - emergency laparotomy - severe
abdominal pain - manual evacuation of bowels - on-going abdominal
pain - IBS - settlement £24,000
M v Guys & St. Thomas’ Hospitals NHS Trust
(1999) - Diathermy damage to hepatic duct during laser to
gallbladder – occlusion of bile duct – hepatico-jejunostomy and
Roux-en-Y-procedure – ongoing abdominal pain – settlement
£38,000
M v Lightwood (1997) - Diathermy damage to
common hepatic duct during laparoscopic cholecystectomy – bile leak
- a number of repair procedures – depressed – personality change –
settlement £120,198
Full case details
A v Lewisham Hospital NHS Trust (2003)
A suffered from gallstones. On 6 July, A underwent a
laparoscopic cholecystectomy. The operation appeared to proceed
without complication. Following the procedure, A suffered from
abdominal pain. Her haemoglobin levels fell and an ultrasound scan
carried out the next day confirmed that she was bleeding
internally. An emergency laparotomy was performed, where it was
discovered that the cystic artery was only partly clipped by the
clip occluding the cystic duct. During the operation, the artery
was freed and tied, the operation note being titled “bleeding
cystic artery”.
Following the laparotomy, A continued to suffer severe abdominal
pain requiring substantial pain relief and also developed severe
constipation as a result of the high level of pain killing drugs
needed. This led to a further operation under general anaesthetic
for manual evacuation of A’s bowels.
As a result of the laparotomy, A continues to suffer from
on-going abdominal pain and the scar is particularly sensitive. She
also suffers from Irritable Bowel Syndrome (IBS) and became
clinically depressed. We alleged that the failure to clip the
cystic artery was negligent and that if the artery had been
properly occluded at the laparoscopy, A would not have undergone
the laparotomy, nor suffered the on-going abdominal pain or
sensitivity in her scar. Causation in relation to the IBS was more
difficult as there were entries in A’s medical records suggesting
that she had suffered abdominal symptoms in the past, although no
diagnosis of IBS had been communicated to her. It is accepted that
IBS is affected by “life events” and therefore, we argued that had
A’s treatment proceeded as originally planned, she would not have
suffered as severely.
The claim was issued in July 2002. The trial was listed for
December 2003. Following the experts meeting, Janine Collier
negotiated a settlement in the sum of £24,000, plus costs.
M v Guys & St. Thomas’ Hospitals NHS Trust
(1999)
M had her gallbladder removed by laser at Guy’s Hospital.
Following surgery, she developed jaundice and investigations
confirmed grossly abnormal liver function tests and ERCP
examinations demonstrated occlusion of the bile duct. She underwent
a laparotomy which identified that the hepatic ducts were severely
injured, most likely by diathermy. M underwent further surgery in
the form of a hepatico-jejunostomy and Roux-en-Y procedure. He
remained in hospital for over two months. M made a good recovery,
but continued to experience abdominal pain, due to adhesions.
The claim was settled in the sum of £38,000, plus costs.
M v Lightwood (1997)
M underwent a laparoscopic cholecystectomy at the Gatwick Park
Hospital. Shortly after discharge, M developed severe upper
abdominal pain and was re-admitted to hospital. Following
investigations, burn damage to the common hepatic duct was
identified, which had resulted in a bile leak. M underwent a number
of repair procedures, necessitating long periods of in-hospital
care. She became depressed and experienced a change in
personality.
A settlement was agreed in the sum of £120,198, plus costs.
You can find out more information about how to make a clinical
negligence claim and how we can assist you on our clinical
negligence pages.