The Claimant, an 82-year-old woman, was awarded £1,750.00 for undergoing unnecessary surgery when an incorrect vein was operated on. As a result, there was a delay in treating the correct, injured vein.
Claimant: Female; 82 years old at date of the incident and settlement (“C”)
Clinical Negligence: C had a past medical history of Chronic Obstructive Pulmonary Disease (COPD), arthritis, peripheral neuropathy.
In 2018 C underwent a varicose vein assessment.
On 10 February 2022, C underwent right long saphenous laser ablation surgery to treat varicose veins.
Post operatively, C required Heparin injections into her stomach for one week and was to wear compression stockings for six weeks. C was to have her left leg laser ablation thereafter.
C was followed up by the surgeon on 20 February 2022, who confirmed that on review of the duplex imaging from August 2021, C’s right leg was shown to have a competent saphenofemoral junction and long saphenous vein, but incompetence at saphenopopliteal junction and short saphenous vein. C’s left leg demonstrated incompetence of the saphenofemoral junction and long saphenous vein with competent saphenopopliteal junction and short saphenous vein.
The clinic notes and letter from August 2021 referred to the wrong sides in that C was identified as having right saphenofemoral junction incompetence and left saphenopopliteal junction incompetence. C was listed for right long saphenous laser ablation on that basis.
The Trust apologised to C and said that she did not need the right long saphenous vein treated and instead needed the right short saphenous and left long saphenous ablated. C agreed with the course of action, on the basis that it was to all be done in the same sitting.
C underwent right short saphenous and left long saphenous EVLT (laser ablation) on 5 May 2022.
Following receipt of instructions, a subject access request was made to the Trust on 2 August 2022, indicating C’s intention to pursue legal proceedings.
Records were received by Fiona and Isobel on 1 November 2022 and were in the process of being reviewed.
On 7 December 2022 an apology, admission of liability and offer to settle was sent by NHS Resolution. Fiona and Isobel would like to acknowledge that in this case, the NHS demonstrated Duty of Candour principles in taking responsibility for their error and offering a suitable remedy, which C accepted.
Injuries: C suffered additional pain and suffering from unnecessary surgery and delayed treatment of varicose veins
Effects: C underwent unnecessary surgery causing pain, suffering and loss of amenity during the recovery period
Liability: full admission made by the Defendant
Out of Court Settlement: £1,750 total damages
Body Part: VEINS – SAPHENOUS – POPLITEUS
Condition: VARICOSE VEINS
