The Plaintiff had a history of varicose veins, and indeed had undergone an uneventful procedure to treat the same symptoms in 1998.
In and around 2005, she began to suffer from a recurrence of the veins, and was referred to the Defendant Trust’s hospital as a result. She was advised that surgery was required, and attended for this to be performed some months later. Following the surgery, she was advised that the surgeon had inadvertently placed a metal surgical haemostat forceps, or ‘clip’ across the superficial femoral artery. That being the case, he recognised the mistake and repaired the artery, but was unable to continue with the planned avulsion of the varicose veins below the Plaintiff’s knee.
As a result of the injury to the arterial artery, the Plaintiff was obliged to spend four nights in hospital as opposed to simply one overnight stay. She was also required to undergo a further procedure some months later to remove the residual veins which could not be removed during the course of the initial surgery. She also went on to develop significant symptoms of altered sensation and hypersensitivity in the area of the right thigh. It was felt that these were attributable to a nerve injury sustained during the first surgery.
The Plaintiff instructed Campbell Fitzpatrick Solicitors to act on her behalf and the matter was given a hearing date of September 2011. Ultimately, the Defendants representatives indicated that they were prepared to negotiate in respect of the case and it was settled on the eve of hearing in favour of the Plaintiff, who received substantial damages.