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Case of Unnecessary Surgery Against East Kent Hospitals University NHS FT and Kent Community Health NHS Foundation Trust

This was a case initially thought to be against the Hospital Trust for failing to remove packing from the wound following a rhomboid flap procedure and pilonidal sinus. The initial surgery was carried out on 10th January 2011. Unfortunately the Claimant suffered abscesses following that. The abscess was drained on 15th January 2011. On 3rd May 2011 further drainage was carried out and it was at this stage that gauze was found embedded in the area of the swelling. The Claimant had to undergo further surgery which would otherwise have been unnecessary. The further surgery was successful.

The Claimant pursued a claim against the Hospital Trust who denied liability on the basis that it was not their responsibility to check and redress the wound following discharge in January 2011. Further investigations were made of the District Nursing Trust and, following receipt of further notes it was clear that, due to the poor state of the records that it could have been either of the two potential Defendants that had a liability to the Claimant. Therefore, a Letter of Claim was redrafted and submitted to both. A Letter of Response was not supplied. However an offer of settlement was made. The initial offer was rejected and settlement was reached in the sum of £5,750.

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