Medical Negligence Lawyers Irwin Mitchell Secure Fair Settlement From NHS Trust Responsible

A young mum-of-two left in agonising pain for months after mistakes during her gallbladder surgery led to her needing multiple trips to hospital and further surgery has spoken out for the first time about her ordeal.

Rosalyn Lane, from Burnham-on-Sea, in Somerset, began to experience abdominal pain in January 2012 and was diagnosed with potential gallstones in November that year when she was referred to Shepton Mallett NHS Treatment Centre for an ultrasound scan. A further scan later that month confirmed she had gallstone disease.

She was told she needed an operation to remove her gallbladder but immediately after the operation, at Weston General Hospital on 14 March 2013, Rosalyn was in more pain than she had been previously and struggled to walk. Despite this she was discharged home and during the following days she went in and out of hospital asking for pain relief.

Rosalyn was admitted to Musgrove Park Hospital where on 18 March 2013 she underwent a further ultrasound scan.  The scan showed that part of her gallbladder was remaining with stones, which should have been removed during the initial surgery. Rosalyn was discharged home that same day, being told that she would be treated as an outpatient. 

Rosalyn continued to be in severe pain and on 21 March 2013 was admitted back to Weston General Hospital. It was decided that she would undergo a procedure to examine her pancreas where it was confirmed that part of the gallbladder remained with stones.

In the following days she developed jaundice and pancreatitis which was causing her to vomit. On 2 April 2013 Rosalyn underwent a further procedure to investigate her pancreas and bile ducts and to put in a stent to be removed in 2-4 weeks’ time. Despite being under sedation Rosalyn was fully conscious throughout the procedure – leaving her extremely distressed, so much so that the surgical nurse intervened as Rosalyn was too upset for the procedure to continue.

Rosalyn continued to be in significant pain and on 3 May 2013 underwent a further operation to remove the remnant gallbladder.

Despite this surgery, her pain was still very severe and she was in and out of hospital – suffering from bouts of vomiting and diarrhoea over a two month period.  Rosalyn had surgery on 3 February 2014 to remove the stent.

Rosalyn's pain subsided, but as a result of the mistakes made in her treatment she has suffered ongoing health complications such as anxiety and stomach pains.

The 34-year-old instructed specialist medical negligence lawyers at Irwin Mitchell to investigate the treatment she received at Weston General Hospital run by the Weston Area Health NHS Trust. The law firm has now secured an admission from the Trust that “the cholecystectomy performed on 14^th March 2013 fell below a reasonable standard and that there was a failure to remove the stent within a reasonable period of time.”

Irwin Mitchell has now also secured Rosalyn an undisclosed settlement for the ordeal and to help cover her rehabilitation and future treatments.

The Trust also admitted that as a result of Rosalyn’s unintended partial removal of her gall bladder she developed further gallstone problems needing re-admission to hospital and suffered severe abdominal pain. 

Expert Opinion

“Rosalyn spent many months in agonising pain and was unable to go to work or lead a normal life with her family.

“The original procedure which she had in March 2013 was meant to be a cure to her pain and condition, but instead exacerbated it and left her needing multiple further hospital admissions and in a tremendous amount of pain. It took medical staff a number of further procedures to alleviate her pain and suffering a few months later.

“We are pleased that we could work with the Weston Area Health NHS Trust and that it has admitted mistakes were made with Rosalyn’s care. The Trust has now apologised for what she has been through and we hope that lessons will be learned so that future patients will be given the very best quality of care.”
Chelsea Parkin - Solicitor

Rosalyn, who works as an analyst, commented: "After the first operation I was in a tremendous amount of pain to the point where I could barely stand up or walk. My husband took me to my GP and the hospital and I was told that there was remnant of my gallbladder and stones which led onto further procedures and me developing pancreatitis and jaundice as a result of the first surgery.

“The whole ordeal from start to finish was emotionally and physically traumatising – I have never been in such acute and prolonged pain in my life, and even morphine could not suppress it.

“I lost three stone in weight over the months whilst I was in and out of hospital and it really was the lowest point in my life. I really wanted to get back to everyday life and spend some quality time with my husband and children, but the pain took over everything.

“I am so relieved that after the final procedure the intensity of the pain has subsided. Unfortunately due to the trauma of the whole ordeal I continue to feel incredibly anxious but hope that my family and I can now move on from this ordeal and get our lives back on track. I am just pleased that the NHS Trust has admitted their mistakes and sent me an apology for what I have been through.

“I would also like to say a huge thank you to my legal team at Irwin Mitchell who have been very understanding and supportive throughout the whole process, I am so grateful for everything they have done for me.”

If you or a loved one has suffered as a result of surgical negligence, we may be able to help you claim compensation. See our Medical Negligence Guide for more information.