Medical Negligence News

Claim for Negligence in Gastric Surgery Resolved

Posted on: February 20th, 2013 by Medical Negligence

20th February 2013

The compensation settlement of a woman who developed a hernia after a gastric band operation has been settled with the Hull and East Yorkshire NHS Trust.

When Rachel Benefer, aged twenty-eight from Cleethorpes in Linconshire, had surgery on her stomach in 2007, her weight had increased by nineteen stone (about 120 kilograms) in a short space of time. The gastric band surgery was performed after a diagnosis of polycystic ovary syndrome.

The procedure was carried out at the Classic Hospital in Hull, where doctors first believed that there were no complications following the procedure. However, they had neglected to close of the the incisions in Ms Benefer’s stomach, which lead to the development of a hernia. This caused a blockage to Ms Benefer’s small intestine.

As a result of this mistake, Ms Benefer suffered from inflammation of her abdomen wall, and developed acute peritonitis before falling into a coma. She spent a month in hospital, and was on a ventilator for eleven days. She also had to undergo a tracheotomy.

Once she had recovered, Ms Benefer sought legal counsel and proceeded to make a claim for compensation against the Hull and East Yorkshire NHS Trust, who manage the Classic Hospital. She made a claim for the additional surgeries she had to undergo to repair the damage from the hernia, the scars she now bears and the depression she suffered as a result of the ordeal.

An internal investigation was conducted by the Hull and East Yorkshire NHS Trust concerning Ms Benefer’s gastric band surgery, and a compensation settlement of £35,000 was settled through out-of-court negotiations.