Surgeon performs wrong operation

Joyce's GP diagnosed the lump on the front of her of ankle bone as a ganglion a type of cyst containing clear fluid. It would need to be removed surgically. At the time Joyce was recovering from knee surgery and was told that she would have to wait until she was fully fit to undergo the operation.

The surgery was arranged and was to be carried out under general anaesthetic at the day surgery unit. Joyce was asked to sign a consent order which stated "excision of ganglion left ankle". She offered to help the surgeon locate the lump by marking it with a felt tip pen but he declined and said that he knew whereabouts the lump was.

Joyce awoke from the surgery and went home to recuperate. She attended the GP the next day to have her dressing removed and it was then that she noticed that the wrong operation had been performed. She could still see the ganglion and that the surgical wound was behind her left ankle.

She contacted the hospital and they told her that the surgeon had found a lipoma (a benign fatty lump) and felt that this was more important to be removed. She complained that she had not agreed to this. The hospital reminded her that she had consented and denied that the consent form related to a particular lump. No samples were sent for testing and so it was difficult to prove that a lump had been present behind the ankle as the hospital claimed.
Unfortunately for Joyce the area of wound became infected and she developed nerve inflammation which led to even more pain and discomfort.

Joyce made an official complaint to the hospital and approached Bond Pearce after she was upset with the response.

We worked with Joyce and proved that the operation had indeed been carried out without Joyce's consent and secured compensation in the sum of £9,000.

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If you would like to seek expert legal advice relating to this case study or any other injury claim please complete the online enquiry form or call 0800 915 4650