Surgery

Woman Turned Down By Two Other Law Firms Receives £80,000 Compensation

Woman Turned Down By Two Other Law Firms Receives £80,000 Compensation

£80,000 Settlement

Betty, aged 68, from Exeter was successfully represented by Pryers Solicitors regarding a clinical negligence claim after being turned down by two other law firms.

Betty’s claim involved a bile duct injury sustained during an elective laparoscopic cholecystectomy at her local hospital in October 2016. She had been advised by previous firms that there was no negligence because they regarded bile duct injuries as an ‘unavoidable risk’.

However, Pryers was able to obtain expert evidence supporting Betty’s claim. In the Letter of Claim, Pryers alleged that; the Surgeon failed to appreciate the degree of severe inflammation in Calot’s triangle, which would have resulted in a fusion of a significant proportion of the gallbladder on to the common hepatic duct. Furthermore, in light of the severe inflammation, the Surgeon failed to perform an intra-operative cholangiography to assist with defining the biliary anatomy prior to dissection; and the Surgeon entered the wrong anatomical plane, directly dissecting into the common hepatic duct and right hepatic artery.

As a result, Betty suffered a bile duct injury that required reconstructive surgery, a right hepatic artery injury which was able to be repaired, a recognised psychological reaction and a protracted recovery period.

The Defendant made full admissions in their Letter of Response, and initially offered a settlement of £70,000. However, after Pryers obtained further evidence, the offer was increased to £80,000, which Betty accepted.

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