The incident
Our 34-year-old client underwent a gastric bypass and gallbladder removal in Turkey in January 2023. Upon returning home, imaging showed a narrowing at pylorus (the part of the stomach that connects to the small intestine), secondary to staple line and stomach enlargement.
After suffering abdominal pain, she attended the Emergency Department and underwent a CT-guided abdominal drainage. There were some difficulties during the procedure, but no immediate complications, and it was advised that the drain would stay in place for 6-8 weeks. The client complained of pain the next day but was discharged with advice.
Three days later, at the Same Day Emergency Care (SDEC), she noted ongoing pain. The drain was noted to be working well, and she was sent home with a follow-up in four weeks.
During a bariatric review on 9th February, the client reported stomach pain and that the drain wasn’t functioning properly. She visited SDEC later that day, where a CT scan found the subphrenic pigtail catheter in the gastric remnant and a small left-sided pleural effusion (fluid on the lung). The client was admitted to the Clinical Assessment Unit (CAU) but discharged the following day.
On 23rd February, our client attended the Emergency Department due to chest pain radiating to her left shoulder. A CT pulmonary angiogram suggested that a small pulmonary embolism (PE) cannot be excluded, as well as persistent small left side pleural effusion (fluid on the lung) and left lung basal atelectasis (collapse of an area of the lung).
She was moved to the Clinical Assessment Unit on 24th February, with plans to increase pain relief and repeat bloods the next day. On 25th February, the client complained of constant pain and a bubbling water sound in her chest. On transfer to another ward on 26th February, it was noted that the client complained earlier of the drain not functioning correctly.
The aftermath
This case of medical negligence had a significant impact on our client’s life, affecting her ability to carry out her day-today-activities. She suffers from shortness of breath and gets chest pain when lying down. She also suffers headaches and has been affected psychologically, with long-term mental and emotional difficulties.
This has meant that the client has had to rely on friends and neighbours for support, as well as hiring help with domestic tasks and childcare. She was also forced to leave her job, as her employer couldn’t accommodate her needs.
The case
The client approached our team, with Trainee Solicitor, Hannah Hardwick taking on the case.
On review of the evidence, it was found that there were several failures in the client’s care, including:
- Incorrect drain placement on 26/01/2023 (breach of duty).
- Failure to address pain and investigate drain mispositioning.
- Inaction on 23/02/2023 when repositioning was advised following the CT angiogram.
- Lack of response to complaints about no drain output on 28/02/2023.
- Consultant radiologist’s failure to review a CT scan before injecting contrast dye.
- When discussing consent, it was not mentioned that there is possibility of the drain going through the pleura during insertion.
The case outcome
Thanks to determination of our clinical negligence lawyers, the case was settled for a total of £15,000.