THE TYPE OF CASE WE DO
£110,000 following bile duct and hepatic artery damage during laparoscopic cholecystectomy leading to scarring, prolonged recovery, ongoing vomiting, restriction of diet and pain from intra abdominal adhesions.
S V EAST KENT HOSPITALS NHS TRUST (2008)
Aged 54 S underwent routine laparoscopic cholecystectomy (removal of the gall bladder).
Five days after surgery S was discharged.
Nine days after surgery a bile leak was suspected and diagnosed. A drain was inserted.
S's condition deteriorated after insertion of the drain and he was transferred to a tertiary hospital for management.
S was identified as having suffered damage to his hepatic artery and bile duct at the time of initial surgery and damage to his stomach during insertion of the drain.
S required an extensive period as an inpatient, was unable to return to work for nine months, has long term restrictions in diet and suffers pain from intra abdominal adhesions.
BREACH OF DUTY
It was S's case that the treating surgeon should have stopped the key hole surgery when he could not properly visualise the gall bladder, bile duct, hepatic artery and other structures and completed the operation as an open procedure with direct vision. Further that to damage the stomach on insertion of the drain was unacceptable.
CAUSATION
Had the key hole procedure been converted into an open procedure the damage to the bile duct and hepatic artery would have been avoided and S would have made a full recovery with only a large laparotomy scar.
OUTCOME
The hospital accepted liability and the case was settled for £110,00 without trial.
