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Delayed surgery – medical negligence case study

In June 2008 our 56 year old client attended a clinic complaining of pain in a parastomal hernia. In 2002 our client had been diagnosed as suffering from bladder cancer. In 2003 he had undergone bladder resections and in 2004 he had undergone a radical cystectomy. Over the following three years he had suffered from the post-cystectomy parastomal hernia related to his urostomy.

Following his attendance at the clinic in 2008, due to uncertainty as to whether he should be managed by the surgeons or the urologists, he did not undergo hernia repair until December 18, 2008.

He sustained injury and brought an action against the trust alleging that it was negligent in unnecessarily delaying the appropriate surgery and failing to instigate and implement a planned surgical procedure at an earlier time.

Our client was unable to work or carry out any leisure activity until the surgery was performed, but there were no long-term effects caused by the delay.

He received  £12,000 in total damages.