Delay in diagnosis of hernia leads to avoidable surgery - £26,000

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Delay in diagnosis of hernia leads to avoidable surgery - £26,000

‘Robert’, 21

Bryony Doyle, a specialist medical negligence solicitor at JMW, represented Robert in a compensation claim relating to a failure to diagnose a hernia. The error meant that Robert had to undergo a further operation that he would not have needed otherwise. He had to have longer off work and suffer the additional pain and recovery of a second operation. Bryony successfully secured £26,000 for Robert to go some way to compensating him for this. 
 

Additional surgery 

Robert was initially seen by his GP as he requested an appointment due to groin pain he was suffering. Robert had a manual job and the pain was preventing him from working. The GP arranged an ultrasound scan which reported signs of a cyst, which did not require any treatment. As Robert’s symptoms did not settle, the GP referred him to hospital where he was reviewed by urological surgeons. 

Following assessment, the surgeons confirmed that there was a cyst but that this was not likely to be the cause of pain. Robert was advised that surgery could be carried out to remove the cyst however. 

Robert attended hospital for the surgery but when he came round from the operation, was told that no cyst had been found but a hernia had been identified. A hernia is a lump that occurs when an internal part of the body pushes through a weakness in the muscle wall. 

Robert was told he would have to undergo further surgery to repair the hernia in another operation. Robert continued to suffer from pain from the hernia and was unable to return to work whilst he waited for his additional surgery.

Successful medical negligence case

After getting in touch with JMW, specialist medical negligence lawyer Bryony Doyle took on Robert’s case. Bryony carried out a thorough investigation, gathering evidence from independent medical experts. Bryony found that the surgeons failed to take into account Robert’s symptoms and failed to carry out an appropriate assessment. With appropriate care, the hernia would have been diagnosed prior to the original surgery. If it had, Robert would then have avoided a prolonged period of pain and suffering and a further operation. 

The hospital trust denied that mistakes had been made but Bryony was able to take steps to recover compensation regardless so that Robert was not too much out of pocket due to lost earnings. 

Following negotiations Bryony was able to secure compensation totalling £26,000 for Robert.

This was a case where careless errors caused additional stress and worry, an unnecessary operation and lost earnings. I am pleased to have secured financial assistance for Robert but he should never have been in this position in the first place if adequate assessments had been done.

Bryony Doyle, Robert’s specialist medical negligence solicitor at JMW

Get in touch

JMW Solicitors LLP is a leading Manchester law firm and offers a broad range of legal services to both commercial and private clients. JMW’s Clinical Negligence team is headed up by leading lawyer, Eddie Jones.

For more information, please contact the team on 0345 872 6666 or fill in our online form.

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