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Our specialist solicitor, Andrew Burford, obtained copies of the relevant medical records from the Defendant NHS Trust and GP. Having carefully considered the medical records, we decided upon the instruction of a medical expert and a detailed letter of instruction was prepared and sent to a Consultant Surgeon to report on the complex issues of liability and causation.

The expert reported that the surgery undergone was substandard. Whilst there was a recognised risk of reoccurrence of the incisional hernia, the hernia had returned within 24 hours of the surgical repair, which demonstrated a failure in surgical technique.

The expert advised that the more recognised technique of mesh repair that provides a lower risk of reoccurrence was not carried out. Also the surgeon who had been performed the procedure was a relatively junior Specialist Registrar with limited experience of operating on and independent basis. It was reported by the expert that there was a failure in care to not seek assistance or advice from a more senior Consultant Surgeon during the operation to ensure the operation was completed to a reasonable standard and appropriate surgical technique was used. 

If the correct surgical technique had been used the Claimant would have avoided the need for a revision operation, and would have avoided unnecessary pain, suffering and anxiety that was caused by the reoccurrence of the hernia and subsequent revision surgery.

A Letter of Claim was prepared in accordance with the Pre-Action Protocol for clinical negligence claims and was served on the Defendant NHS Trust with the allegations of clinical negligence regarding the failures in care.

In a Letter of Response the Defendant NHS Trust admitted the surgery was negligently performed, but for which negligence the Claimant would have been discharged earlier with no need for the second surgical intervention. Negotiations were entered into and a settlement of £6,000 was achieved.

Inappropriate or substandard surgery can have serious consequences. It can result in financial hardship, losses and expenses. It is important that those who have suffered as a consequence of substandard medical treatment are properly compensated. 

Such Claims may involve investigation of complicated issues or it may be possible to arrange relatively swift investigation and resolution.

Representation by a specialist in Clinical Negligence Litigation can be very important to those who have suffered as a result of medical treatment. In this case, Tracey was able to obtain financial compensation in a relatively quick time and without needing to go to Court.  Her representation was funded by means of a ‘No win, No fee’ agreement.

If, like Tracey, you are concerned that you have suffered as a result of substandard surgery, it is important that you obtain expert legal advice as soon as possible.

Do not hesitate to contact Andrew Burford by email at aburford@longdens.co.uk or call us on 0191 5666 500. Alternatively, fill in our short enquiry form and one of our specialist solicitors will be in touch.

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