Phillip had undergone surgery as a teenager for a condition called Knock Knee. The medical procedure includes getting two operations two months apart involving straightening his legs and inserting plates and screws to facilitate this. In subsequent years he had developed aches in his legs and it was decided that the plates should be removed.
Knock Knee Operation
Phillip was brought in for surgery and it was arranged that the surgery on both legs would be carried out simultaneously by two surgeons. An epidural was administered prior to the surgery. He was aware of everything going on around him during the procedure. It became clear to him in the early part of the surgery that things were not going to plan. The surgeons were not able to remove some of the screws and plates as the correct equipment was not available and therefore the surgery had to be abandoned.
Injuries Sustained From Surgery
The surgery took place just before Christmas. Over the Christmas period and into the New Year, Phillip was in pain. In addition, the right leg failed to heal for three weeks and he had to go back to his GP for dressings. This had a knock-on effect with his college studies. Phillip felt that the pain after the third operation was greater than the previous first two operations.
Compensation Claim for Medical Negligence
Phillip contacted Paschal O’Hare Solicitors to pursue a claim for compensation against Belfast Health and Social Care Trust arising out of what happened. Investigations were carried out by the Trust who formally admitted liability. We obtained a medical report from an Orthopaedic expert who provided a Liability and a Condition and Prognosis Report. The solicitors for the Trust admitted a willingness to negotiate a settlement of the case and the case settled in the sum of £7,500.
Paschal O’Hare Solicitors
This case serves to highlight how negligence against the Trust can take several guises. In this case, there was negligence on the part of the Trust by a pure administrative failure. They failed to have in place the proper equipment to perform the surgery to remove the plates and screws. There was a fundamental breakdown in the pre-operation checks to ensure that the proper equipment was available.
