Can this person claim anything?

[godpikachu]

hi.

4 years ago, a friend of mine had a gastric band operation on the NHS.
As a consequence of this operation, the valve which they use to inject fluid into the stomach was left in the wrong place, and eventually worked its way up into her chest cavity, causing a lot of pain. Finally, it managed to wear its way through her skin, leaving a large cavity/scar where it exited.

As a consequence of this, she has had to have time off work, which she doesnt get paid for, and has had to have major surgery to correct the mistake, a consequence of which was that she caught pneumonia, and spent new year on a ventillator.

Is there any chance of a claim for lost earnings and compensation for the original botched operation??.

[godpikachu]

having done a bit of research on this kind of thing, the condition is known a "erosion", and is a known potential complication from having adjustable gastric band surgery.

it is described on wikipedia as:-

Erosion - The band may slowly migrate through the stomach wall. This will result in the band moving from the outside of the stomach to the inside. This may occur silently but can cause severe problems. Urgent treatment may be required if there is any internal leak of gastric contents or bleeding.

Link

so, as this is a known (but rare) side effect of the proceedure, is there still a chance there is a claim, as it has taken the doctors over 3 years to diagnose the problem, despite repeated visits to the doctors complaining of pain?.

[flyingdoc]

If this is a known possible complication of the surgery then the chances of compensation are lessened but then what are you claiming for - a complication (rare but known) or a failure to spot that complication and rectify it, resulting in increased pain and suffering not to mention loss of earnings.

I would suggest that if you were to look for any compensation then that is the place to look , the after care and subsequent failures - not the original operation.

[godpikachu]

so there could be something there for her lost earnings, and subsequent pain and suffering...could this also include her ending up with pneumonia as well?.

[flyingdoc]

pneumonia may be a complication of splinted chest movement due to pain following all the problems she has had. I would certainly consult with an experienced med neg specialist lawyer and see what their thoughts are.

[godpikachu]

okie dokie, ill tell her to see about that then.