Forbes v Altnagelvin Hospital Health & Social Services Trust

High Court
12 June 2006

This case arose out of treatment Mrs Forbes received at the Altnagelvin Hospital from in and around the 13th August 2001. On that date she was admitted to that hospital suffering from upper abdominal pain. She was diagnosed with acute cholecystitis (inflammation of the gall bladder) on the 14th August 2001. On the 16th August 2001 an emergency open cholecystectomy was performed. During this procedure the gall bladder was removed. During the course of the removal of the gall bladder the Plaintiff sustained a negligent resectional injury to the bile duct. The common hepatic duct was divided without being tied. The Plaintiff suffered a bile leak into her peritoneal cavity. A post operative drain was removed prematurely. The Plaintiff went on to develop biliary peritonitis. The Plaintiff developed inter-abdominal sepsis as a consequence of the bile collection within the abdomen. The Plaintiff was transferred to the Mater Hospital in Belfast where she underwent corrective surgery in the form of hepatico-jejunostomy biliary reconstruction. The Plaintiff was required to have numerous laparotomies. She developed a small bowel fistula. She also developed sepsis and multi-organ failure. She spent 11 weeks in intensive care in the Mater Hospital and a further three months in hospital. She ultimately was discharged in March 2003.

As a consequence of the negligent injury to her bile duct, the Plaintiff was required to be admitted to the hospital as above. While in hospital she developed an MRSA infection and also developed an infection in her eye. She was catheterised for a prolonged period of time and this led to subsequent bladder weakness. A tracheostomy was performed on the 2nd October 2001 in order to assist with her breathing. The Plaintiff alleged that she suffered hoarseness and weakening of her voice since the date of the tracheostomy. She also had developed a puckered tracheotomy scar. The Plaintiff remained at long term risk of developing post operative complications. The Plaintiff developed a major depressive episode with attendant depressed mood, tiredness, reduced appetite, sleep disturbance, panic attacks and social withdrawal. The Plaintiff’s mobility was limited as a consequence of her injury and she had suffered a significant and permanent diminution in her physical strength. She had a grossly scarred abdomen and suffers from pain in her abdomen.

In addition to the physical injuries the Plaintiff sustained, she also sustained a loss of earnings. Notwithstanding the fact that the Plaintiff was 67 at the time of her operation, she still engaged in part-time work. The Plaintiff also had care requirements as a consequence of the negligent treatment she received. A Care report was prepared on her behalf by independent care consultants.

THE HEARING:

All parties attended at the hearing of this matter on the 12th June 2006. Ultimately the case was settled between the parties after the case commenced running before a High Court Judge. Liability was admitted as the parties went into Court. It should be noted that we had offered to share liability evidence as early as June 2005 in order to narrow the issues in dispute between the parties. The Defendant’s representatives did not take us up on this offer. It was the Plaintiff’s case that the surgeon who treated Mrs Forbes on the day was negligent in failing and omitting to correctly identify the anatomy of the gall bladder during the performance of the fundus-first dissection of the organ. As a consequence of same the bile duct was negligently damaged.

The case ultimately resolved, by way of settlement, on the first day of the hearing in the sum of £250,000.00 plus costs. Whilst the settlement was announced as a global figure, it is reasonable to assess damages in respect of personal injuries in the sum of approximately £150,000.00, with the balance representing the special damage incurred.

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