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RJM Law, Lawyer
Category: Law
Satisfied Customers: 4256
Experience:  LL.B (Hons)
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My 6month old son had a planned stoma closure on Thursday. A

Customer Question

My 6month old son had a planned stoma closure on Thursday. A couple of days after it came apparent that something wasn't quite right. He had a hole in his bowel from the surgery which then had to be fixed which meant another major surgery for my little boy. The 2nd surgeon that fixed this error has said the 1st surgeon used a diathermy tool which resulted in a rogue spark causing a delayed perforation in his bowel. I just wondered if anything can be done about this ?
JA: Where are they? It matters because laws vary by location.
Customer: Sheffield
JA: What steps have they taken so far?
Customer: The surgeons have discussed it and they are due to have a meeting about it. This complication hasn't only made my son sick and have a unnecessary major surgery but a longer stay in the hospital
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I believe that is all
Submitted: 4 days ago.
Category: Law
Expert:  RJM Law replied 4 days ago.

Hello, and thank you for choosing our service today. I am the expert who shall assist you with this opportunity

Please note, our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.

If you do not receive a response immediately, please be advised I may be working through other matters however you shall receive a response as soon as I am finished with any live. However please be assured I will get back to you.

I will be able to provide you with guidance in relation to your question which should assist in clarifying matters and navigating the legal system. However, please note this does not form a professional client relationship.

I look forward speaking with you and providing help.

Expert:  RJM Law replied 4 days ago.

Thank you for the information.  I am just reviewing this for you now and shall revert to your with my response in due course.

Expert:  RJM Law replied 4 days ago.

I am very sorry to hear about this matter.  Firstly, I would like to extend my best wishes to your son and hope that he is recovering well.  

What you may be looking at is a claim for medical negligence. Medical negligence occurs when you can show the medical professional has acted in such a way, which no other reasonably acting professional would have acted, and has resulted in “harm” due to said act of negligence. I hyphenate the word “harm” as this does not extend solely to physical harm, but also psychological or both.

The way a claim works is that you would receive compensation for the “harm” or injury itself. In addition to this, you can also claim quantifiable losses such as loss of earnings, expenses, outlays etc. You will, of course, be advised to have a solicitor deal with this matter on your behalf. Most of the large firms who offer no win no fee personal. Injury claims will also offer the same service for medical negligence claims and may be able to assess your claim for free.   You have a period of 3 years to raise and action for medical negligence.

As you have stated the surgeons are looking to have a meeting about this matter I would await the outcome of this prior to looking at intimating any legal proceedings.  In medicine unexpected things happen all the time, so they will "peer review" this to obtain an understanding of what has happened.  The two points for medial negligence, as stated above is if you can show another surgeon  would not have acted this way.  So if they review the matter and the chronology of events during the surgery, and the other surgeon agree they would have done the same, even though the result ended in harm, this would be a defence.  However, even if they do come to that determination, you do not need to accept it.  The other point is the level of harm suffered which would need to quantified by assessment should you decide to claim.

If you feel this would result in a claim, due to the harm caused, your own solicitor can put the events of the surgery to an external surgeon (from a different hospital/region) to obtain an opinion on how they would have acted in the same events.  If the determination was that they would not have then this would speak to wards potential negligence.  

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area. This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful. You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (England) (Scotland) (Ireland) (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.