Chelsea & Westminster Hospital surgical negligence claim

Jodi Newton

£100,000 compensation for client injured during surgery

Our medical negligence solicitors were instructed to pursue a claim against Chelsea & Westminster Hospital NHS Trust for injury caused during treatment received by our client (DB) while under their care in 2014.

In January 2015, DB was diagnosed with a full rectal prolapse requiring surgery, which was performed in March. The operation was successful in resolving the prolapse; however, DB’s left ureter was accidentally cut during the procedure. This injury went unnoticed at the time—no mention was made in the operation notes or during post-operative discussions.

Complications after surgery

Two days after the operation, DB developed a high temperature. Investigations revealed a chest infection, and DB also had a urinary tract infection (UTI), which fortunately responded to the antibiotics prescribed.

Four days post-surgery, DB began complaining of abdominal pain, but this was attributed to her surgical wounds. She was discharged home when the infection appeared to subside.

Return to hospital & Sepsis diagnosis

On 12 April 2015, DB attended Chelsea & Westminster A&E with a five-day history of urine incontinence. She was discharged to attend a follow-up outpatient appointment, but returned three days later with worsening abdominal pain.

At this point, the incontinence had resolved, but a distended abdomen was noted. The working diagnosis was suprapubic peritonitis and sepsis. Blood tests confirmed infection, and a CT scan revealed a pelvic abscess, which was subsequently drained.

Despite this, DB continued to have a high temperature, leading to further investigation. A nephrostomy was performed, and over the following months, DB underwent several procedures:

• Insertion and removal of a ureteric stent
• Replacement of a mid-ureteric stent
• Ureteric re-implantation in September 2015

Delayed stent removal and ongoing symptoms

After discharge, DB began feeling low in mood and visited her GP in January 2016. The following month, she reported ongoing bladder issues and recurrent urinary tract infections.

She became increasingly anxious, as the stent inserted during her September 2015 operation had not been removed, despite this being required within 6–8 weeks. The stent was eventually removed in September 2016—nearly a year later.

However, by October 2016, DB had developed two hernias secondary to the re-implantation procedure. She underwent further corrective surgery to repair these.

£100,000 settlement

Expert reports were obtained from a Consultant Urologist and a Consultant Colorectal Surgeon. After serving a Letter of Claim, the NHS Trust admitted liability and made an early Part 36 offer of £40,000, which the Claimant did not accept.

Following a joint settlement meeting, the case was successfully settled for £100,000, and the Trust provided a formal letter of apology addressed to DB.

How Osbornes Law can help

If you’ve experienced complications after surgery that you believe were avoidable, you may be entitled to compensation. Surgical errors, delays in diagnosis, and poor post-operative care can have life-altering consequences. At Osbornes Law, our medical negligence solicitors are here to advise, and help you move forward.

Contact us

If you or a loved one has suffered due to negligent medical care, speak to one of our experienced team members in confidence. We offer:

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