Surgical negligence is defined as a failure on the part of a medical professional (the surgeon, anaesthetist, surgical staff or nursing staff) to provide the expected level of care, resulting in harm to the patient. Though rare, these errors can lead to unnecessary operations, the requirement for further surgery, uncontrolled infection and a failure of consent to the form of surgery provided.
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Matthew joined the team at Linder Myers in November 2021 as a Principal Lawyer and the Head of the Clinical Negligence department, and has acquired a Clinical Negligence Accreditation from the Law Society. After qualifying in 2005, Matthew has handled over 500 clinical negligence matters and covers the full remit of claims, with particular specialism in cases involving cerebral palsy, acquired brain injury, amputations, vascular and neural injuries.
Matthew has settled a vast number of cases, one of the most notable cases settled was one in respect of a delayed diagnosis of encephalitis with a capitalised value of over £20 million. Another was an unfortunate case of delayed diagnosis of cancer which led to severe lymphoedema and settled for in excess of £1 million.
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Our clinical negligence team secured a six-figure sum for our client after disastrous keyhole surgery affected every aspect of his life.
Our client was left permanently scarred and forced to use a catheter after his bladder was cut during the operation. Three months after the operation, he was still in severe pain and consequently taken into hospital with a water infection – where it was discovered swabs had been left inside of his body, leading to another operation to remove them. As a result of this negligence, our client had to give up working and relies on care from others for everyday tasks.
We represented a gentleman who was born with Poland Syndrome – meaning he was missing a major muscle and soft tissue damage on the left side of his chest. Our client decided to proceed with surgery to correct this defect. He consented to liposuction being performed on either the right side of his chest or abdomen, followed by lipofilling on the left side of his chest – which would leave minimal scarring.
We acted on behalf of the estate of a 68 year old diabetic man who had stubbed his toe. The toe had turned black following the minor accident and his GP referred him to hospital, where medical staff noted that there was a lack of pulse in his feet but failed to address this
He didn’t receive any treatment until more than a month later, when the condition had significantly worsened and part of his foot had to be amputated. It is well known by medical professionals that diabetes can lead to problems with the lower limbs and diabetes is the most common cause of lower limb amputation in the UK.
Just a few weeks later, he had to return to hospital to undergo surgery to have a below the knee amputation. However, his condition sadly continued to deteriorate and he died approximately two months after his initial A&E visit. The NHS Trust involved admitted liability and we successfully obtained a settlement for his family.
We were instructed by the parents of a girl who was born with brain damage, leading to cerebral palsy. Her parents believed this was entirely preventable and wanted to understand how it happened. Our investigation proved this to be correct.