The story
Clinical negligence specialist solicitor, Priya Ghataurhae, acted for a 39 year-old woman who suffered thermal burns as a result of negligence during a hysterectomy procedure.
The details
Our client was sadly diagnosed with Stage 1a2 cervical cancer in December 2019. She was advised that she would require a radical hysterectomy procedure which was performed in April 2020.
Following surgery, she woke up in recovery and complained of pain in her buttocks. She was told that she may have been burned during the procedure. Specifically, it was noted that she had sustained burns measuring 4 x 3.5 cm on her right buttock, and 3 x 7 cm on her left buttock. Her skin was blistered and very tender to the touch. Her burns were dressed, and she was provided with cream.
Burns are usually caused where a hot surgical tool, such as a diathermy machine (which uses electrical currents to generate heat in the deeper layers of skin to relax muscles and joints, reduce inflammation improve blood circulation), comes into contact with the skin and appropriate measures have not been taken to prevent such contact. The area of skin being operated on is usually prepared with an alcohol-based solution, which is flammable. Prevention measures include ensuring that:
- an appropriate amount of alcohol-based solution has been applied so as not to cause pooling
- there is sufficient time for the solution to dry
- surgical drapes are applied once the solution has dried
- the surgical tool is used on a low setting.
How we helped
We instructed a Consultant Gynaecologist, to provide an opinion as to whether the procedure was performed to a reasonable standard and the cause of our client’s burns. Our expert believed there was a failure to take adequate precautions during the procedure. Because of this failure, our client sustained burns which were caused by pooling of the alcohol-based solution, which ignited when the diathermy machine was applied. If adequate precautions had been taken, our client would not have suffered the burns to her buttocks.
The NHS Trust admitted that she sustained thermal burns during the hysterectomy procedure, caused by pooling of excess alcohol-based solution, and that there was a failure to take adequate precautions to prevent a thermal injury.
The impact
As a result of the burns, our client’s recovery process following surgery was difficult, as she was unable to sit or lie down on her back without irritating the burnt area. She required additional care and assistance from her family to assist her with mobilisation and personal care, to ensure that she did not disturb the burns and prolong the healing process. Her burns took 15 months to fully heal, and during the recovery process, she suffered with sensitivity to the burnt skin and scarring, which affected her confidence.
We successfully settled this matter for our client and obtained a five-figure settlement.
Birmingham based, Clinical negligence specialist Solicitor Priya Ghataurhae said:
‘This case highlights the type of error that can occur during surgery if insufficient precautions are taken. Our client was not adequately prepared for surgery, as the alcohol-based solution was allowed to pool around the area of the skin that was being operated on, causing burns when the diathermy machine was applied to the skin. Our client experienced unnecessary distress at what was already a difficult time for her.”
Disclaimer
This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. © Shoosmiths LLP 2024
