Settlement of Medical Negligence Claim

Tim Watson, a solicitor in our Medical Negligence Department, has recently secured a considerable settlement award from Northern Devon Healthcare NHS Trust on behalf of his client, Mr B.

Mr B suffered a hernia injury in 2011. He underwent an open mesh repair of the inguinal hernia at North Devon District Hospital in June 2012. Initially, it was thought that the procedure was successful but Mr B continued to suffer with pain and swelling several weeks later. He was reviewed at the hospital in September 2012 and was reassured that everything was OK and that the pain and swelling should subside given time.

After six months, the pain and swelling was still present. He underwent an exploratory procedure at the hospital in April 2013. He underwent a further procedure in May 2013, during which Mr B’s left testicle was noted to be ischaemic (meaning that it had suffered a restricted blood supply and resulting tissue damage). There was no alternative other than to remove the testicle. Mr B subsequently made a good recovery and the pain and swelling subsided.

Brewer Harding & Rowe Solicitors investigated a claim for medical negligence on Mr B’s behalf, investigating whether the performance of the original hernia repair procedure was of sufficient standard. Expert evidence obtained on behalf of Mr B suggested that the procedure was performed negligently. Specifically, it was suggested that there was excessive dissection of the spermatic cord (which provides blood to the testicles) or the mesh inserted during the procedure was wrapped too tightly around the spermatic or a combination of the both. Both would have affected the blood supply to the testicle that was eventually removed.

The claim was denied by Northern Devon Healthcare NHS Trust. They argued that the injury was caused by non-negligent factors, which may have included a haematoma that had formed after the original hernia repair procedure.

Court proceedings were issued in 2015. Shortly thereafter, the claim was settled out of Court, with Northern Devon Healthcare NHS Trust continuing to deny liability.

Tim Watson, who acted for Mr B in pursuing his claim, comments as follows:

“This was a difficult claim for Mr B to bring because of the sensitive nature of the injury sustained. It was also a challenging claim legally because it was difficult to pinpoint the exact cause of the injury. However, we fought hard to obtain Mr B the compensation he deserved and I was delighted that we were successful in doing just that.”

If you would like to discuss a potential medical negligence claim on a free and confidential basis then please call Tim Watson on 01271 340655 or email him on timwatson@bhrlaw.co.uk

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