Lack of informed consent leads to severe testes injury for 60-year-old man
20th March, 2021
Case Studies

A Patient Claim Line Case Study

A 60-year-old man has been left with a severe testes injury following a routine surgery, of which he was not forewarned of the risks.

 

The Incident

 

The gentleman, who prefers not to be named, visited United Lincolnshire Hospital for a recurrent inguinal hernia repair. He was not warned of the risks associated with this type of surgery, and therefore informed consent to carry out the procedure was not granted.

 

The Case

 

Our client was represented by Chartered Legal Executive, Amy Kirk.

 

The case was settled at a round table meeting (RTM) whereby the defendant argued that even if the claimant was warned about the risk, he would have continued with the surgery. Regardless, Amy argued that our client was not given the opportunity to provide informed consent, as he was not warned of the risks prior to agreeing with the surgery.

 

The Aftermath

 

Following the surgery, our client was left with severe injuries which he was unable to prepare for. The full list of injuries are as follows:

 

• Ischemic orchitis – R testicular atrophy
• Swelling and discomfort (constant dull ache)
• Urinary urgency
• Emotional distress and anxiety

 

The Outcome

 

The case was settled at £9,250 in our client’s favour.

 

Amy explains:

 

“Consent cases are inherently difficult, and it is of upmost importance to take detailed instructions from your client in order to argue their case for them. This case also highlights the benefits of RTMs.”

 

 

Amy Kirk is a Chartered Legal Executive / FCILEx at Patient Claim Line

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