‘Lessons Must Be Learned’ After Treatment Problems Lead To Serious Complications

A woman who ended up in intensive care after suffering serious complications following gastric band surgery four years ago has spoken of how she is looking to the future after lawyers helped her secure a six-figure settlement regarding the ordeal.

Mary Samy, 57, from Leeds, underwent the procedure at Dolan Park Hospital in Bromsgrove in July 2013 but was discharged just a day later with no post-operative care plan, despite the fact she was still suffering from symptoms including nausea and abdominal pain.

A couple of weeks later Mary sought advice from the hospital regarding whether she should still feel unwell at that point, with nursing staff advising that she continue with anti-sickness medication and call again if problems persisted. 

However, just days later she was admitted to St James’s University Hospital in Leeds and diagnosed with a perforation of her oesophagus, an abscess and sepsis. She required emergency surgery, prolonged intensive care treatment and spent 11 weeks in hospital.

Following the problems, Mary instructed specialist medical negligence lawyers at Irwin Mitchell to investigate what she had been through and the legal experts have now secured a six-figure settlement from the surgeon responsible for the procedure, Dr Audun Sigurdsson.

Margaret Ryan, the legal specialist at Irwin Mitchell’s Leeds office who represents Mary, said: 

Expert Opinion

“This is a truly shocking incident in which a patient has been forced to battle very serious illness as a result of problems which could and should have been avoided during surgery.

“While we are delighted to have helped our client secure justice regarding her ordeal, our hope is that lessons can be learned from this incident so that no one else undergoing such a procedure either on the NHS or privately faces the same problems in the future.

“Patient safety should always be a fundamental priority and the failings seen in this case simply should not be repeated.” Margaret Ryan - Partner

Irwin Mitchell alleged that the surgeon failed to carry out the surgery with the required level of care, with this resulting in the perforation of her oesophagus. It was also alleged that he failed to ensure that she was fit for discharge.

In addition, the legal experts alleged that The Hospital Group Healthcare Limited should not have allowed Mary to be discharged and should have ensured a medical review into her symptoms was undertaken. It was also argued that Mary’s progress should have been checked within five working days and that she should have been advised to go to hospital when she contacted them regarding her ongoing problems.

Mary, who now lives in Australia, said: “Following the surgery I was in a really bad way, so I was completely shocked when I was told that I was fine to return home. No one gave me any advice on issues I should consider to help my recovery and then I was not contacted at all. I just felt like I had been completely ignored.

“I was in agony for so long after the operation and felt I had no choice but to go to hospital. I could not believe the issues which were identified and then the complications I suffered just made everything ten times worse.

“I feel lucky to be alive, which is not something anyone should ever have to say following routine surgery. The whole ordeal was an absolute nightmare which I would not wish on my worst enemy.

“Gaining the settlement is a big step forward, but for me this legal action was always about more than money. No one else should ever have to face what I have been through."

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