Surgeon at Gobowen Hospital Inserted a wrong size prosthetic into patient during surgery

Surgeon at Gobowen Hospital Inserted a wrong size prosthetic into patient during surgery

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    A patient received the wrong sized prosthetic implant during surgery at a specialist orthopaedic hospital, in Gobowen, near Oswestry. At the Robert Jones and Agnes Hunt (RJAH) hospital in May, Shropshire NHS bosses found out that a small implant was inserted into a patient rather than a medium-sized one. This is the third never event to take place at RJAH, in the past two years.

    According to the NHS, never events are serious incidents that could have been avoided provided that healthcare providers implemented existing national guidance or safety recommendations. In July this year, the hospital was also placed under investigation after it emerged that two patients had been injected in the wrong side of their bodies. 

    From the minutes from a directors’ meeting, the patients were said to be “fine” and that “immediate remedial actions” were taken.

    The Local Democracy Reporting Service said that this never event was reported to the Shropshire, Telford and Wrekin Clinical Commissioning Group (CCG) governing body in September and will be discussed in a subsequent meeting.

    Although RJAH has not clearly stated the type of surgery carried out or the function of the implant, in its latest report it said that “no further immediate actions were required” after reviewing the surgery.

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    What Is Surgical Negligence?

    Surgical negligence refers to avoidable mistakes or errors made by a surgeon before, during or just after a surgical procedure which causes harm to the patient, injury or further complications. Sometimes these complications are permanent and life altering while other times it may lead to death of the patient.

    What Are Surgical Negligence Claims?

    Surgical negligence claims on the other hand are legal actions taken by patients who are victims of surgical negligence or by individuals whose loved ones have suffered preventable life-altering conditions as a result of negligent treatment by their surgeon.

    Examples of surgical negligence include:

    • Performing the wrong type of surgery
    • Performing the surgery on the wrong site
    • Retained objects
    • Infection after a surgery due to surgeon carelessness
    • Unnecessary nerve damage or organ damage
    • Poorly administered anaesthesia

    In the UK, performing the wrong surgery or performing surgery on the wrong patient are termed “never events” because they are not expected to occur in the first place. Between August and October 2015, 190 never events were recorded in the UK which included retained objects in 46 patients and wrong site surgery in 79 patients.

    The most recent report from NHS England shows that 226 never events occurred between 1st April and 30th November 2020. The breakdown of this report shows that there were;

    • 87 surgeries performed on the wrong body site
    • 52 retained objects
    • 18 misplaced naso- and oro-gastric tubes

    The NHS defines “never events” as serious, largely preventable patient safety incidents that should not occur if healthcare providers have implemented existing national guidance or safety recommendations.

    Lists of Never Events (As Updated February 2021) Include;

    • Wrong site surgery
    • Wrong implant/prosthesis
    • Retained foreign object post procedure
    • Mis-selection of a strong potassium solution
    • Administration of medication by the wrong route
    • Overdose of insulin due to abbreviations or incorrect device
    • Misplaced naso- or oro-gastric tubes
    • Unintentional connection of a patient requiring oxygen to an air flow meter

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    How Can We Help

    We have highly experienced medical negligence solicitors who are able to take up your case and ensure that you receive the right legal representation to ensure that you get a deserved compensation.

    Our consultation sessions are free of charge where you get to speak with our specialist medical negligence solicitors. We will listen to your story, offer you free legal counsel and carefully evaluate your case to see if you have a valid claim. If we are convinced that you do have a claim, we will proceed to explain to you what you need to make your claims.

    This will include explaining to you in simple terms how the medical negligence claims process works, what you need to prove and what documents you need to prove your claims. We will also assist you make available all necessary documents to prove your claims. We will help you establish liability of the surgeon by showing that his negligent action was the direct cause of your pain and complications.

    Not only that, we are aware that legal fees can be quite expensive and you may be forced to quit seeking justice as a result of legal fees. Therefore, we offer to undertake your case under our No win No Fee Policy which allows you to make claims without having to pay any upfront legal fees. You do not even have to pay us if the case was unsuccessful as we take out an insurance cover to protect you from incurring such debts. Only after a successful claim shall we deduct 25% of your compensation fee as “success fee.”

    Our hospital negligence lawyers are some of the best in the UK and have accreditation with relevant industry-based associations such as the Action Against Medical Association (AvMA) panel and the Law Society’s Clinical Negligence panel. You can therefore be rest assured that you will certainly get the best possible legal representation and a favourable settlement award.

    We encourage you not to delay in making your claims as you have a limited time to make your claims but reach out to us today by filling out our free online claims assessment form or call us on 0800 999 3372 to speak with one of our lawyers and set up a meeting at your earliest convenience to discuss your claims.

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