Medical Negligence News

Gastric Surgery Error Compensation Award Settled Out of Court

Posted on: February 14th, 2013 by Medical Negligence

A woman (28), who developed a hernia in her bowel after doctors botched a gastric band operation, has settled her claim for gastric surgery error compensation against the Hull and East Yorkshire NHS Trust.

Rachel Benefer from Cleethorpes in Lincolnshire underwent the medical procedure in 2007 after it was discovered that she had polycystic ovary syndrome and she had increased her weight to over 19 stone (120Kg).

A hernia developed following what seemed to be a successful operation, seemingly due to the failure of doctors to properly close an incision in her stomach led to a hernia developing which caused an obstruction in  Rachel´s small bowel.

The woman contracted an inflammation of the abdominal wall and acute peritonitis as a consequence of the hernia, She subsequently lapsed into a coma and spent five weeks in hospital, including 11 days on a ventilator, and had to undergo a tracheotomy.

After recuperating from her ordeal and getting back to her old self, Rachel sought legal advice and made a claim for gastric surgery error compensation against the Hull and East Yorkshire NHS Trust – seeking medical negligence compensation for the further surgery she had to undergo to fix the hernia, the unfortunate scars she now has on her abdomen and the depression she experienced due to her psychological trauma.

Hull and East Yorkshire NHS Trust carried out investigation into Ms Benefer’s botched gastric band operation and, before her claim for gastric surgery  error compensation was scheduled in court, settled the case with a payment of £35,000.