I recently acted for a lovely client who consulted a Bariatic surgeon on a private basis to have a gastric band re sited as it had moved from its original position. Patients will have a gastric band fitted to help them lose weight. As you can imagine this is an expensive procedure if done privately which most patients will do as it is not readily available on the NHS unless in very exceptional circumstances.

The patient had a history of positive MRSA. A swab was taken prior to surgery as best practice requires and the results were positive. The surgeon was sent the results before the surgery. Surgery went ahead and my client almost died of septicaemia and pneumonia.

Septicaemia is blood poisoning, caused by bacteria or their toxins. In this case the cause was the MRSA. Pneumonia is a lung inflammation caused by bacterial or viral infection, in which the air sacs fill with pus and may become solid. Inflammation may affect both lungs (double pneumonia) or only one (single pneumonia).

My client was a young and fit person prior to this procedure. This person enjoyed a demanding but rewarding career and was a keen musician. Post-surgery, as a result of the septicaemia and pneumonia, this person suffered a loss of confidence, weight gain, fatigue, inability to look after their family and inability to work. This person gave up a love of music and lost the will to live.

There’s no doubt most surgeons are diligent and caring. Occasionally we come across a degree of complacency. What is clear is that one tiny oversight or disregard can cause life changing injuries or even death.

In this case I was able to prove that the test results were received by the surgeon before surgery and that any diligent surgeon would have taken the results into consideration.

My client was able to get closure. It was not the compensation that helped so much though. My client’s priority was acknowledgement and acceptance by the health authority that an avoidable error was made. I dread to think what happens to those people who do not know what to do if something like this happens to them. Patients put enormous faith in the medical profession and most medical experts I deal with are true to their vocation but errors and a mis judgement can happen and when it does there has to be a way of acknowledging that so that patient can emotionally move on and for lessons to be learnt.

At Ridley & Hall we have a team of expert lawyers who will help and guide you through what can be a very difficult time.

Contact us today for legal advice. Simply call us on 01484538421 or allow us to call you by completing our online enquiry form. We can discuss your options and answer any questions you may have.

Daxa Patel Partner – Clinical Negligence & Litigation