Compensation of £7,500 secured following a never event during abdominal surgery
12 July 2024
The specialist clinical negligence solicitors at Curtis Law Solicitors have recovered £7,500 in compensation from University Hospitals Dorset NHS Foundation Trust for a client who was the victim of a never event.
Mr F underwent an elective reversal of Hartmann’s procedure at University Hospitals Dorset NHS Foundation Trust. The procedure was completed, the abdomen was closed, and Mr F was moved to the recovery room. It was subsequently identified that a 30 x 30 swab had been missed from the final count carried out by the swab nurse. Suspecting that the swab was in Mr F’s abdomen, an x-ray was performed which confirmed swab retention. Mr F was informed, anaesthetised and re-intubated. The midline wound was reopened, the swab was located and removed, the abdomen was washed out and the midline incision was closed again. Post-operatively, Mr F required an abdominal drain for approximately six weeks, and he developed infections for which he required antibiotic treatment before he was discharged home. It was subsequently confirmed that no additional harm had been caused by the retained swab or its removal.
Breach of duty of care was admitted in that this was a never event and no responsible consultant colorectal surgeon would approve of the failures of care which resulted in the retention of the swab. Causation was established in that, but for the admitted breach of duty, Mr F would have avoided the need for the abdominal x-ray, the second general anaesthetic and the second operation. An early settlement of £7,500 was agreed.
Kenneth Lees, Head of Department, said of the case: “This was a clear case where a never event led to our client requiring additional treatment that would have been avoided if more care had been taken at the end of his first operation. Thankfully, the harm caused by the retained swab was limited to the need for the x-ray and the second operation under general anaesthetic, and I am pleased that we were able to recover reasonable compensation for our client”.
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