Claim Settled for Child’s Surgery Injuries
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Elline Demetriou
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Osbornes secures settlement for child’s surgery-related injuries
Osbornes Law successfully represented a minor, X, in a claim against two hospitals for injuries eventually sustained secondary to surgery X needed shortly after being born.
The background
X was born with complex health issues affecting her internal organs. X had a pacemaker inserted soon after birth and several months later X underwent an operation of her gut.
At various points during a 2-year period imaging showed that X’s pacemaker had moved but no action was taken.
At the end of that period, X began to complain of abdominal pain and was treated for urinary tract infections, which did not relieve X’s symptoms. X also suffered from constipation.
X was seen by a paediatric surgeon but no concerns were noted. X continued to experience pain and constipation and was seen by her GP twice in a month; X was also taken to A&E by her parents.
X had a pacemaker review whereby the pacemaker was reported to have moved position but no action was taken. X’s parents took X back to the GP three times in three months and once to A&E. At one of the appointments, X’s GP requested X be reviewed by surgeons but this did not eventuate so X’s parents took X to see a private pediatrician. They were advised to take X to A&E, which they did, but they were told X had constipation and X was discharged. X’s parents continued to seek medical assistance as they could see X was not well. They attended A&E again but after being dismissed, they sought advice from a private clinic. The private clinician realised X was unwell and wrote a referral letter to gastroenterology for X to be investigated.
This led to X being admitted for tests before being discharged and investigated further over the next few weeks;. X was found to have an infection but the cause had not been determined. X’s cardiologist advised her parents to take her to hospital and to not leave without X being admitted. X was admitted to hospital.
Critical discovery and emergency surgery
A few days following X’s hospital admission, it suddenly became apparent that the migrating pacemaker had caused severe damage to X’s bowels. X was transferred immediately to another hospital. An emergency laparotomy was performed to remove the pacemaker, which had perforated into X’s bowel and migrated.
X required a stoma as a section of the bowel was ischaemic. X was discharged to ICU but required further operations within days.
X was discharged for further treatment for the gut. The stoma that had been created was reversed. However, X unfortunately developed post-operative sepsis and required admission in ICU. X was transferred back to the other hospital and discharged home weeks later.
X’s recovery was monitored thereafter and a decision was made to reinsert a pacemaker.
The claim
The Claimant alleged that but for the Defendants’ negligence, X would have avoided at least 10 months of pain and suffering caused by the compression of the gut from the pacemaker lying in an incorrect position. X would also have avoided the trauma and distress caused by damage to the gut and would not have needed an emergency laparotomy and stoma formation, nor the various multiple surgical procedures that followed as a result of the negligence, which were alleged to have adversely influenced X’s overall development and also left X with unnecessary scars.
Thankfully, X suffered no long-term cardiac injury as a result of the negligence although due to the loss of some of X’s bowel X will likely require a surgery in future.
Claim settled
The Trust admitted liability pre-action and the claim successfully concluded out of Court. The Court approved the settlement for the injuries X suffered, care received from X’s parents as well as their expenses, and for X’s future treatment.
How can we help?
If you or a loved one suffered due to a medical procedure, our Medical Negligence solicitors are here to support you.
Contact Osbornes Law by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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“Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.”
“Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.”
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Small but very effective and experienced team so every client benefits from the personal touch but also highly skilled litigation know-how. Capability of the team means they can handle all aspects of very complex cases as well as straightforward matters.
Osbornes is a very respected firm in the marketplace.
They handle really complex cases very well
The clinical negligence team are knowledgeable and professional in their approach and demonstrate a high level of skill in litigation work.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
Osbornes has a skilled team of solicitors advising clients on a wide range of clinical negligence matters.
Hard working, approachable, good knowledge of clinical negligence and clients’ specific conditions
A joy to work with and always 100% client focused at all times.
The clinical negligence team at Osbornes is much lauded for its ability to ‘represent the diverse range of London-based clients
“The team is very quick and efficient in responding."
"Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients."
They are an excellent firm who achieve fantastic outcomes for their clients. They are also very prominent in injuries to those travelling to or from Europe. Multiple languages are spoken by the team.
Stephanie Prior is a first-rate clinical negligence specialist whose industry, great experience and medical background put her in an exceptional class.
This firm is responsive and efficient. Their rapidity in dealing with complications or hiccups is excellent.
Really great clinical negligence practice, staffed by experienced practitioners who know how NHS Trusts work. They also build great rapport with clients.’
Stephanie has developed a particularly strong reputation for her handling of birth injury claims, as well as cases concerning surgical negligence and delays in surgery.
"An excellent firm which achieves fantastic outcomes for clients."
"Stephanie Prior takes on complex cases and gets excellent results. She has a background in medicine which serves her clients well and is a realistic but tough litigator."
"Stephanie Prior is hugely dedicated, adored by her clients, tenacious, efficient and extremely knowledgeable."
"Stephanie Prior is very good with troubled clients and is easily able to make them feel at ease."
"Stephanie shows sensitivity and deals with things in an understanding way."
Osbornes provides a very intimate and personal client service which is increasingly rare in this sector.
The lawyers in the team are highly experienced and will drive cases very hard on behalf of their clients.
"Stephanie Prior has a realistic attitude to the complexities of the cases. She wins the trust of her clients and goes the extra mile to ensure they get the best outcomes."
"Stephanie Prior... manages a varied caseload, including obstetric claims, child and adult brain injury cases and fatal and non-fatal spinal cord injury cases."
"Stephanie is experienced, knowledgeable of all aspects of clinical negligence work, and strategic in running cases."
"The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."
Stephanie Prior is always very professional and kind. Highly recommended.
Quite simply excellent, with a highly competent and well-rounded team. They understand complex medical litigation and have been our lifesavers, and we will always owe them our immense gratitude.
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