Claim for Negligent Stomach Surgery Settled Out of Court

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

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

Doctors and medical staff at the Classic Hospital in Hull initially thought that the stomach operation had been carried off without any hitch , but the failure to close an incision in her stomach correctly led to a hernia developing which obstructed Rachel’s small bowel leading to further complications.

Rachel experienced an inflammation of ther abdominal wall and acute peritonitis as a result of the hernia and she lapsed into a coma. This lead to her spending five weeks in hospital, with eleven of those days spent on a ventilator, and had to undergo a tracheotomy operation.

Once she had recovered from the ordeal, Rachel spoke to her legal representatives and made a claim for negligent stomach surgery against the Hull and East Yorkshire NHS Trust – claiming compensation for the resulting surgery she had to undergo to fix the hernia she suffered, the unsightly scars she sustained on her abdomen and the depression she experienced due to her trauma.

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

This article is about medical negligence in the UK. If you are reading this in Ireland, you should refer to this article about medical negligence in Ireland.

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