Man with a ‘football-sized hernia’ wins 6 figure claim

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This is a short case study of a medical negligence claim that our client, Allan Austin, won when he sued for compensation following negligent medical treatment at Wexham Park Hospital.

The case attracted the attention of the media, with articles appearing in various newspapers, including the Daily Mail which featured the following story:

https://www.dailymail.co.uk/health/article-2663603/Man-hernia-size-FOOTBALL-accidentally-wiped-surgery-waiting-list-told-theres-no-funding-non-essential-operation.html

Background to the medical negligence claim

Mr Austin had a distant medical history of a duodenal ulcer in the 1980’s.  He was well until 2002 when he suffered a stroke requiring thereafter long-term anti-coagulation with warfarin.  The stroke was thought secondary to a myocardial infarction with intraventricular thrombus.  Ischaemic heart disease subsequently became symptomatic and coronary artery stents were placed in 2006.  In the spring of 2013 acute abdominal pain led to an emergency admission to hospital.  A laparotomy was performed for a sealed colonic perforation and a defunctioning loop ileostomy was made.

The negligent medical treatment

Mr Austin was due to receive further treatment to close the ileostomy in the autumn of 2013, but delays in referral led to this essential operation being postponed for almost nine months. By the time the operation was carried out an initially small parastomal hernia had become very seriously enlarged and caused the patient major symptoms. Following this lengthy delay a difficult repair was performed and the ileostomy was closed.  The weakness in the abdominal wall was repaired with biologic mesh costing in excess of £10,000.

However, the results for Mr Austin were not good. A subsequent wound breakdown occurred and a prolonged hospital stay ensued.  Unfortunately, shortly after the operation Mr Austin suffered a further myocardial infarction and an ICU admission was required.

Mr Austin continues to require wound care and his abdominal wall remains very weak.  He has been unable to work since the surgery in August 2014.

The medical negligence claim

Medical negligence lawyer Oliver Thorne was instructed by Mr Austin to bring a medical negligence compensation claim in respect of the hernia.

We asked the hospital to admit liability and enter into negotiations for an appropriate compensation package. Unfortunately this was refused.

Extensive investigations into the case were therefore carried out, including the cause of the Mr Austin’s MI post operatively.

Court proceedings were then issued and various medical reports were obtained. This was followed by service of the claimant’s witness statements, which convinced the Defendants to come to make a five figure settlement offer. This was accepted by our client in January 2018 and the medical negligence claim was concluded on this basis.

How we can help you

If you have been the victim of medical negligence and would like to seek compensation then contact Oliver for a free case assessment. Give him a call on 0800 955 1038 or email him at info@sbclaims.co.uk

Oliver represents medical negligence victims nationwide and has links with barristers and medical experts throughout the country.