Early admission of error welcome in medical injury cases

Posted 16/01/2012

An inquest in Wales has heard how a 77 year old woman died on the operating table following the removal of an incorrect organ. The patient was listed for laparoscopic (keyhole) surgery to remove a cancerous right kidney. However, during the operation at Royal Gwent Hospital, an experienced surgeon attempted to remove her liver, which in turn caused the patient to suffer a fatal heart attack after substantial blood loss.During the Inquest, the surgeon explained how he immediately realised he had pulled on the liver and torn the organ. As a result of the death the operating procedure has been slightly modified. The Coroner gave a narrative verdict finding that the ruptured liver, mistakenly identified as the cancerous kidney, resulted in the patient’s death.Benjamin Ward, specialist medical injury solicitor at Ashtons Legal, comments; “This is a mistake that has had horrific and fatal consequences. Not only have a family lost their mother, but a surgeon has to deal with the consequences of this mistake for the rest of his life. On this occasion, thankfully, the surgeon appears to have admitted fault from the outset and spoken openly during the Inquest over the likely cause of mistaking the liver for the kidney. This type of honesty and acceptance of fault is something that we don’t see often enough. Yes, the surgeon has made a catastrophic medical error, but it is refreshing to see such a highly experienced surgeon hold his hands up for the error that he has made, as opposed to hiding behind the system”.