Understanding when surgical mistakes amount to negligence.
A news report has highlighted a deeply concerning case involving a surgeon who was struck off the medical register after carrying out an emergency bowel procedure that an expert witness described as being “not known to man”.
Dr Yasser Rahman, who had been working as a locum surgeon at the Royal Oldham Hospital, carried out emergency bowel surgery. During the procedure, he wrongly connected the small intestine to the stomach, creating a closed loop which caused the patient’s bowel contents to flow back into his stomach, with nowhere else to go. The patient was left in uncontrollable pain for three weeks before the error was identified during further surgery to correct it. The Medical Practitioners Tribunal heard that, without this second operation, the consequences could have been fatal.
When Surgical Errors Amount to Negligence
All surgery carries risks, and an unsuccessful outcome does not automatically mean that negligence has occurred. Complications can occur even where appropriate care has been provided. The key question is whether the surgical treatment fell below the standard reasonably expected of a competent medical professional in that situation.
Where a healthcare professional acts in a way that no responsible body of medical opinion would support, and the patient suffers harm as a result, this may amount to clinical negligence and warrant a compensation claim being made. To bring legal action, it is also necessary to show ‘causation’, linking the substandard treatment to the injury or loss suffered by the patient.
In the Royal Oldham case, the tribunal heard expert evidence that the procedure performed was not recognised within accepted surgical practice, with expert evidence describing the method of operation as “totally inappropriate”, “unconventional” and “extremely wrong”. This appears to be a stark example of treatment falling far below the standard expected of a competent surgeon.
What Compensation Can I Claim?
Serious surgical errors can have devastating consequences for patients and their families. Depending on the circumstances, the impact may include:
- additional corrective surgery
- extended hospital admission
- ongoing pain and complications
- psychological trauma
- reduced quality of life
Where a legal claim succeeds, compensation may help to cover the impact of the negligence and any financial losses caused by it. Claimants may receive compensation for:
- pain, suffering and loss of amenity
- loss of earnings
- care and assistance provided by family or professionals
- private medical treatment, rehabilitation or therapy costs
- travel expenses and prescription costs
How Our Medical Accident Solicitors Can Help
Our specialist clinical negligence team supports patients who have suffered avoidable harm as a result of surgical mistakes and other failures in medical care. We understand the profound impact that a negligent operation can have on both patients and their families. Our SRA regulated solicitors will investigate what happened and advise whether the care provided fell below an acceptable standard.
If you or a family member has suffered complications following surgery and you are concerned that a mistake may have been made, it is important to seek specialist legal advice as soon as possible, as there are strict time limits for bringing a clinical negligence claim.
Book a Free Consultation with a Medical Negligence Solicitor
We offer a free consultation service. Our team will assess your case and offer guidance on your options. We will also look into the availability of No Win – No Fee funding.
