Clinical negligence payout for woman with surgical equipment left inside her

Posted 22/08/2010

A woman who was made ill by surgical equipment that was left inside her body has been awarded compensation by an NHS trust.

Elizabeth Kane, 31, was admitted to St Helier Hospital in December 2007 to have her first child, according to the Sutton Guardian.

She suffered minor complications during labour and had to have stitches afterwards, with medical staff using swabs to stem the bleeding.

However, Ms Kane alleges that they did not properly manage the equipment and failed to notice when one of the swabs was left inside her body.

The patient was discharged, but began to feel unwell with headaches and sickness, so returned to see medical professionals.

“I was taken back to hospital by ambulance. They said I had an infection and gave me antibiotics,” she commented.

It was not until 13 days after the birth when Ms Kane was taking a bath that she realised what had happened and quickly alerted doctors, who took ten minutes to remove the swab.

As a result of her ordeal, Ms Kane developed post-traumatic stress disorder and was virtually house-bound for six months. She said she still finds it difficult to carry out everyday tasks.

“Now I can’t get on public transport and I can’t even go shopping without taking medication,” she explained.

The victim took legal action against Epsom and St Helier Hospital Trust, which has now agreed to an out-of-court clinical negligence settlement.

“It wasn’t about the money. I just wanted them to understand what they had done and take responsibility,” Ms Kane said.

A hospital spokesperson said the organisation has made changes since Ms Kane’s ordeal to ensure similar mistakes do not happen again.

In January 2009, 79-year-old Iris Cole died after surgical equipment was left inside her during what should have been a routine operation to correct gall bladder problems.

Although the gauze was eventually discovered, it was too late to treat her and she died from an infection.

Anyone who suffers as a result of foreign bodies being left inside them may be entitled to make clinical negligence compensation claims and should seek the advice of an expert solicitor to help them with their case.

The clinical negligence team at Ashtons Legal has extensive experience of representing clients and has been ranked top in East Anglia thanks to its ability to win difficult cases and go the extra mile for clients.