Sarah Holden, a teaching assistant from Nottingham who required advice from clinical negligence solicitors in Nottingham, instructed Aldwych Legal after an unintended internal injury occurred during a routine operation. The matter combined clinical negligence, health & safety and personal injury issues arising from a surgical error at a Nottingham hospital.
What Happened
Ms Holden attended the hospital for a scheduled abdominal procedure. During the operation a surgical instrument caused an unintended internal perforation, which was not recognised immediately.
She experienced worsening pain and infection in the days after surgery, requiring readmission, corrective surgery and an extended recovery period. The delay in diagnosis and further treatment led to significant pain, time off work and financial strain for Ms Holden and her family.
Legal Issues
- Whether the surgical team breached their duty of care under common law clinical negligence principles (including relevant standards of practice).
- Whether inadequate supervision, training or procedural failings contributed to the intra-operative injury.
- Compliance with the Health and Safety at Work etc. Act 1974 and duties on the hospital as an employer and service provider.
- Causation and the measure of losses: corrective treatment, pain and suffering, loss of earnings and future care needs.
Our Approach
We obtained operative notes, theatre records and the patient pathway documentation and instructed an independent consultant surgeon to provide an expert report. The claim was progressed under the Clinical Negligence Pre-Action Protocol with a clear Letter of Claim setting out breach and causation.
We prepared a full schedule of losses, engaged with treating clinicians about rehabilitation needs, and opened settlement negotiations once expert evidence supported our case.
Outcome
Following review of the expert evidence the hospital admitted partial liability. The claim was resolved by negotiated settlement that provided compensation for pain and suffering, corrective treatment costs and past loss of earnings, together with support for Ms Holden’s rehabilitation.
Result / Why It Matters
This outcome demonstrates Aldwych Legal’s practical approach to holding healthcare providers to account, securing meaningful compensation and rehabilitation for clients affected by surgical error.
