Compensation for lady dropped during surgery

Our client attended a private hospital for a laparoscopy and an anterior vaginal wall prolapse repair. A laparoscopy is a type of keyhole surgery.

During the first procedure, the surgical team positioned her with her head tilted down and her legs raised in supports. When the surgeon needed the operating table returned to a level position, the anaesthetist operated the table’s reverse button without checking that it was safe to do so.

A section of the table came into contact with the floor, causing the main base to lift. When the raised base suddenly dropped, the table jolted upwards. Our client slipped towards the floor while her legs remained in the supports, leaving her spine in an awkward, flexed position.

She was under general anaesthetic and couldn’t protect herself or understand what was happening at the time.

When our client regained consciousness, she noticed that her legs felt cold and numb.

She sustained bruising and skin abrasions to her left thigh and upper abdomen, beneath her left breast. She also experienced pain in her back and buttock area, with pain radiating into the left side of her buttocks.

Our client suffered numbness in her left thigh and a pressure sensation that became worse when sitting. Walking eased the pain slightly, although she also had difficulty sleeping for a period following the incident.

Our client was left dealing with ongoing pain and discomfort through no fault of her own.

Sitting could make her symptoms worse, while the pain also affected her sleep for a period after the incident. She was left needing support to manage the continuing effects of her injuries.

The compensation would allow her to access private physiotherapy and cognitive behavioural therapy to help her adjust to living with permanent discomfort.

Our client had chosen to undergo the procedure at a private hospital. This meant the surgeon, anaesthetist and hospital could each be held legally responsible for the incident.

However, all three defendants blamed one another, and none accepted liability. This made the claim more complicated because the team on the case had to establish how the incident happened and who was responsible.

To build the claim, the team obtained expert evidence from six specialists, including a surgeon, an anaesthetist and an engineer. Their evidence helped investigate the events in the operating theatre and support the case.

The team on the case issued court proceedings on our client’s behalf and pursued the claim against all three defendants.

The defendants continued to dispute responsibility, so the team had to fight the claim on three fronts. By gathering expert evidence and progressing the court proceedings, they successfully secured a settlement for our client.

The settlement provided recognition of the injuries she had suffered and practical support for managing her ongoing discomfort.

Our client received compensation that will allow her to access private physiotherapy and cognitive behavioural therapy. These treatments are intended to help her adjust to living with permanent discomfort.

The case also highlighted the importance of establishing what happened when an injury occurs during surgery, particularly when several parties dispute responsibility.

If you’ve suffered an injury because of a mistake during surgery, you may have questions about what happened and whether you can claim compensation.

Contact us today to discuss your circumstances with Fletchers’ medical negligence team.