Legal News

A patient who underwent a hysterectomy at the Royal Derby Hospital in November has received an apology form the local hospital trust, after a surgeon left a surgical glove inside her during the operation.

Sharon Birks, 42, from Wirksworth in Derbyshire continued to feel unwell after surgery on 19 November – she was given a bladder scan and a course of antibiotics, as doctors suspected an infection. However, three days after the surgery and having just had her catheter removed, Mrs Birks visited one of the hospital’s lavatories and discovered the glove.

The mother-of-two – who lives with her children and husband Darren – said:

“I just had this really bad stomach ache and it almost felt like something was wedged in my stomach. At first, I thought it was perhaps something to do with my catheter. By Thursday, I wasn’t ready to go home and now I’m glad I didn’t.”

Derby Hospitals NHS Foundation Trust has issued an apology to Mrs Birks and has launched an investigation into the incident.

Chief executive of the trust Sue James said:

“We are extremely sorry for the distress that was caused to Mrs Birks. Clearly this should not have happened and we have launched detailed investigation.”

Ms James added that a senior nurse and consultant had apologised in person to Mr and Mrs Birks before she was discharged from the Royal Derby Hospital.

The trust has also offered a written apology to Mrs Birks for the error.

Chief executive of the trust Sue James added:

“We take patient safety extremely seriously – and at the conclusion of this investigation, we will want to ensure lessons are learnt.”

Medical negligence

Medical negligence and surgical errors – such as patients left with surgical equipment like gloves inside them after operations – fall under the area of law known as personal injury.

Medical negligence claims can be made against the NHS for a wide range of errors, however, including:

• Wrong diagnosis or failure to diagnose
• Prescribing errors or failure to prescribe or administer medication correctly
• Surgical errors (eg wrong procedure carried out)
• Poor standards of care (eg failure to monitor vital signs adequately, oxygen deprivation)
• Failures in care (eg no help with feeding, lack of drinking water or toileting, poor supervision leading to falls in hospitals and care homes)
• Failure to manage pain relief or post-operative infection
• Birth injuries to baby and/or mother (eg bruising and cuts to baby or perineal tears to mother).

The area of medical negligence is extremely complex and some claims may involve injuries which will improve.

However, catastrophic injury resulting from medical negligence can lead to permanent brain injury, as well as life changing injuries requiring 24/7 care – or even death.

Patients or their families wishing to make a personal injury claim for medical negligence usually have three years from the date of injury or diagnosis to claim, which may be extended to six years or more in some cases.

Duncan Lewis Medical Negligence Solicitors

Duncan Lewis is one of the UK’s leading personal injury solicitors and can advise on all matters relating to personal injury or medical negligence.

Duncan Lewis is also a leading firm of no win no fee solicitors – and our Legal Aid solicitors can advise on making a personal injury claim on a no win no fee basis (also know as a conditional fee arrangement).

For expert advice on making personal injury claims, contact Duncan Lewis personal injury solicitors on 020 7923 4020.