Hernia claim successfully secures £60,000 compensation for medical negligence

Blurred out hospital ward

Mr B was admitted to hospital for a hernia repair, typically a simple 20 minute key-hole surgery. However, due to complications and surgical error, the surgery was delayed to over four hours and caused further injuries to our client.

During the hernia repair surgery, the Surgeon inserted a piece of equipment called a trocar in to Mr B’s abdomen. Unfortunately, , the Surgeon inserted the trocar much further into the abdomen than would be usual and normal practice in obtaining entry to the abdominal cavity. A degree of force was used to insert the trocar right through the abdominal cavity, almost as far back as the spine and in doing so, punctured Mr B’s aorta.

The result of the medical negligence during hernia repair surgery

Mr B suffered significant blood loss and required life-saving surgery. He was in intensive care for a number of days and remained in hospital for over a week - for an operation which should have meant he was discharged the same day, or the next morning.

When he awoke from the operation, he had a scar running the length of his torso. He developed a further hernia as a consequence of the medical negligence which resulted in further complications. As a result of the nature of the injury he sustained, Mr B developed injuries to his bowel and has experienced a number of episodes of bowel obstruction. He is at risk of recurrent episodes of acute bowel obstruction in the future. He may also require surgical treatment in future.

Our client was due to return to work a week or two after the surgery but due to the surgical negligence, he was off work for three months, resulting in lost wages.  The consequences of this experience also left him shaken and self-conscious, impacting on his confidence greatly.

Hernia compensation claim for medical negligence

Our client was not sure whether he could claim for compensation but medical professionals commented that they had never heard of the aorta being damaged during a laparoscopic hernia repair before and this encouraged him to pursue making a claim.

He made a complaint first of all to the NHS before contacting a local solicitor who referred his case to Digby Brown.

Expert medical negligence solicitors fights for compensation

At Digby Brown, we have a dedicated department for medical and clinical negligence claims with solicitors experienced at securing compensation for clients where possible.

Our solicitors obtained independent expert opinion to support the case on medical negligence, and sued the Health Board who employed the Surgeon responsible. Medical negligence was admitted following Court proceedings being raised and the case settled for £60,000 following a meeting with the Health Board’s Solicitors.

Learn more about making a clinical negligence claim in Scotland, or complete our clinical negligence enquiry form