Claim for Negligent Gastric Surgery Settled Out of Court

A woman, who developed a hernia in her bowel after doctors botched a gastric band operation, has settled her claim for negligent gastric surgery against the Hull and East Yorkshire NHS Trust.

Rachel Benefer (28) from Cleethorpes in Lincolnshire underwent the procedure in 2007 after she was diagnosed with polycystic ovary syndrome and her weight had increased to over 19 stone (120Kg).

Doctors at the Classic Hospital in Hull initially believed that the operation had been successful, but the failure to properly close an incision in her stomach led to a hernia developing which blocked Rachel´s small bowel.

Rachel developed an inflammation of the abdominal wall and acute peritonitis as a consequence of the hernia and lapsed into a coma. She spent five weeks in hospital, including 11 days on a ventilator, and had to undergo a tracheotomy.

After recovering from her ordeal, Rachel sought legal advice and made a claim for negligent gastric surgery against the Hull and East Yorkshire NHS Trust – claiming compensation for the further surgery she had to undergo to repair the hernia, the unsightly scars she now has on her abdomen and the depression she experienced as a direct result of her trauma.

Hull and East Yorkshire NHS Trust held an investigation into Rachel´s botched gastric band operation and, before her claim for negligent gastric surgery was scheduled in court, settled the case with a compensation payment of £35,000.

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