Six figure hernia payout
Our client, Allan Austin, has recovered a six figure compensation payout after negligent delay in hernia treatment at Wexham Park Hospital, near Slough, Berkshire.
Mr Austin’s plight originally caught the attention of the media after hospital delays led to him he developing a hernia that was the size of a football. The story was featured in a number of national newspapers at the time and now the legal settlement is receiving press coverage, with the BBC and other news agencies reporting on the case.
Background to Mr Austin’s hospital negligence claim
In early 2013 acute abdominal pain resulted in Mr Austin’s emergency admission to hospital. A laparotomy was carried out for a sealed colonic perforation. A procedure known as a defunctioning loop ileostomy was also carried out.
Mr Austin was due to be readmitted to hospital to have the ileostomy closed in the autumn of 2013. Regrettably delays led to this key operation being postponed for almost nine months.
When he finally underwent surgery his relatively small parastomal hernia had become grossly enlarged, causing him major discomfort. Special funding had to be obtained within the NHS to pay for the operation which involved the weakness in his abdominal wall being repaired with biologic mesh. The procedure cost more than £10,000.
Unfortunately a wound breakdown occurred post-operatively. This resulted in Mr Austin being readmitted to hospital for a lengthy period.
Although Mr Austin’s condition has been stabilised he continues to require wound care. His abdominal wall also remains extremely weak. He has been unable to return to work since the surgery surgery was carried out in 2014.
Mr Austin’s hospital negligence claim
Allan Austin appointed Slee Blackwell’s Oliver Thorne to represent him in a medical negligence compensation claim against the hospital. The claim was based on the allegation that due to the hospital’s delays Mr Austin’s condition was made significantly worse and he would continue to suffer health problems in the future that were purely due to the hospital’s negligence.
Oliver invited the hospital and its advisers to admit liability and enter into negotiations for an out of court settlement on the basis that there had clearly been delay on their part.
When the hospital refused to accept responsibility for Mr Austin’s condition Oliver made arrangements for the case to be prepared for court.
Following commencement of court proceedings and service of witness statements in support of Mr Austin’s case, the hospital adopted a more conciliatory approach. Responsibility for causing Mr Austin’s health problems was acknowledged and this resulted in them making a six figure settlement offer.
Do you have a hospital negligence claim?
If you have been the victim of hospital negligence or delay in hospital treatment and would like to discuss a possible claim with Oliver then him a call on 0333 888 0404 or send details of your case to him by email at [email protected]. Oliver, who deals with medical negligence claims nationwide, will be happy to provide a free case assessment and let you know whether the case can be funded on a No Win, No Fee basis.
