Erosion of Gastric Band Delayed Diagnosis Case Won by Gadsby Wicks
Gadsby Wicks, a specialist medical negligence solicitors’ firm, led their client towards a successful settlement after an avoidable delay in the removal of a gastric band resulted in digestive issues and dental problems.
This case was handled by Tami Frankel, a Medical Negligence Solicitor and Partner at Gadsby Wicks with close to 30 years’ experience.
The case
Ms G (anonymised to protect her and her family’s identity) underwent the insertion of a gastric band at the end of 2014. Less than a week after surgery, she was nauseous and unwell, unable to drink.
Shortly thereafter, Ms G underwent imaging on three separate occasions, all within the space of two weeks. In every case no problems were reported by her healthcare professionals, but her problems persisted.
After six months of ongoing issues with her gastric band, Ms G underwent removal of the port. Symptoms lingered, and by mid 2015, it was known that the gastric band had eroded through the stomach wall.
Over the next 12 months, a number of other investigations were conducted, which confirmed the band’s erosion. Correspondence disclosed an intention to remove Ms G’s gastric band at some point. However, in summer 2016, she was admitted to hospital after becoming acutely unwell, where the band was removed as part of an emergency procedure.
Her symptoms have since improved. But, she has gone on to develop dental problems and digestive issues, now requiring regular proton pump inhibitors.
The claim
Ms G’s delayed diagnosis claim was pursued on the basis that her surgeon failed to identify and remove the eroding gastric band in an adequate time frame, even after it had been diagnosed. It was also determined that the radiologists failed to report findings on their images, which would have led to a faster diagnosis.
The result
Legal proceedings were issued in this case after the defendants initially denied both breach of duty and causation. The claim eventually reached a settlement and compensation was awarded.
“We are pleased to have assisted Ms G in resolving her delayed diagnosis claim, and secure the compensation she deserved for the suffering she endured and the health issues she still faces to this day,” said Tami Frankel, Gadsby Wicks’s Medical Negligence Solicitor and Partner.
“While we cannot undo the harm that has been done, we are happy that this will help her better manage these changes to her lifestyle in the long term, and prevent similar mistakes happening to others in the future”.
Gadsby Wicks remains committed to securing the best outcomes for their clients, as the firm has reported a substantial increase in the number of medical negligence inquiries over the past 12 months.
Every year, Gadsby Wicks Solicitors helps people claim millions in compensation for delayed diagnosis, medical misdiagnosis, birth injuries, surgical complications and more. They have been dedicated to medical negligence since 1993, and are the only specialists in this area of law throughout Essex and East Anglia.
With an extensive level of legal and medical understanding throughout their team of solicitors, Gadsby Wicks is regarded as one of the top firms in their field, working tirelessly to support their clients in the most difficult and complex of circumstances.
Beginning with an initial exploratory consultation, the solicitors investigate all available evidence and consult impartial medical experts to build a case. From here, negotiations take place to reach a fair settlement, with 96% of their cases settling out of court.
Gadsby Wicks are also the first firm in England to have two or more lawyers accredited by the Association of Personal Injury Lawyers (APIL), and Managing Partner Gillian Gadsby is on the Clinical Negligence Specialist Panel for Action Against Medical Accidents (AvMA).