Ms A was in her early 20s and working as a carer when she was referred by her GP to a consultant surgeon for evaluation for bariatric surgery due to her high BMI, sleep apnoea, and painful joints.
Ms A was seen by a specialist at Homerton University Hospital and consented to surgery for a sleeve gastrectomy. The consultant outlined the risks associated with the procedure, including staple line leak, bleeding, DVT, and the need for lifelong multivitamins. Ms. A signed a consent form that detailed those risks.
Following the surgery, Ms. A experienced severe complications; she was unable to tolerate food or liquids and remained in hospital far longer than envisaged. Ms A was placed on total parenteral nutrition (i.e. through her veins) after imaging and a laparoscopy revealed that the surgery had left her with a total obstruction near her stomach. Ms A had to undergo reconstruction surgery by way of a Roux-en-Y gastric bypass.
Following discharge, Ms. A continued to experience abdominal pain and underwent further imaging and procedures, revealing a fluid collection and a large ulcer at the anastomosis site. Treatment involved high-dose proton pump inhibitors, but her condition persisted, requiring referrals to pain management doctors and preventing her being able to return to work.
Brindley Twist Tafft & James were instructed. Expert evidence was obtained and confirmed that, rather than creating a small stomach to reduce food intake, the surgeon had negligently stapled the entire area shut, prevent passage of all food and liquid. Liability was admitted following a letter of claim.
Ms. A had significant challenges unconnected to the negligence which meant that she would have required care and been unable to return to work in any event. She therefore ultimately accepted an offer of settlement in the sum of £118,000.
