A South Yorkshire woman has been awarded £320,000 in damages after doctors caused damage to her bowel during surgery to remove her gallbladder.
Cheryl Gravil, 61, of Doncaster, was told the surgery would be uncomplicated and that she’d spend less than a day at Doncaster Royal Infirmary before being allowed to return home.
However, she ended up in intensive care after her bowel was mistakenly cut during the operation, causing the contents to spill into her body and cause infections.
She spent more than four months in hospital battling sepsis, pneumonia and a series of other infections, needing to be fed intravenously at times.
Now, following a legal claim led by our medical negligence specialists, Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust has agreed on the six-figure out-of-court settlement.
It comes after it admitted causing the injury to the bowel during surgery had been negligent, and that had the injury been spotted at the time, repair surgery would have been carried out immediately, and that Mrs Gravil would have been well enough to return home after about a week.
Arrange a call back
‘I was told that I was hours from death’
Mrs Gravil says she was immediately ill after the surgery in July 2017, and feared something was badly wrong. She said:
I felt extremely unwell and I was told that I would have to stay in overnight to be observed, but the rest of that night is hazy in my memory.
The next morning I was still feeling very unwell and I remember going to the toilet and being sick. I was really concerned because it was a dark green colour, like I’d never seen before, and I also had really bad stomach pains. I felt that bad that I pulled the emergency cord for help.
The nurses told me my symptoms were common and it was likely just wind, but I could tell that it was something more serious. When my husband arrived that afternoon he found me crying in pain and he insisted that I be seen by a doctor.
I remember being told I may need an x-ray and possibly surgery, and then the next thing I can remember is waking up in intensive care with all these tubes coming out of me and a colostomy bag.
It was then that I was told that the surgeon had nicked my bowel during the surgery and that the contents had been leaking out. I was told the infection was so extensive that a large area of my bowel needed removing, and that was why I needed the colostomy bag.
I was later told that I’d have only survived another couple of hours had I not been admitted to intensive care when I was.
I spent the following weeks in a cycle of vomiting, struggling to eat or drink, taking intravenous antibiotics, fighting infections and suffering abdominal pains.
During my time in the hospital, I lost two stones and my mood was very low, as you’d expect. I was effectively bedbound, and every time they took me off the antibiotics the infections would flare up again.
Mrs Gravil was eventually well enough to have the colostomy bag removed in October 2017 and was finally discharged home in November – four months after her supposed ‘one-day’ operation.
She says it has had a ‘lifelong impact on her’.
My life has completely changed as it has left me with so many problems. Firstly I developed a hernia which meant I had to endure further surgery, and my life has been a constant stream of medical appointments since.
I’ve had to change my lifestyle to accommodate my bowel and abdominal symptoms. As soon as I eat, the moment I put my knife and fork on the plate I feel awful. I have awful wind that I can’t get rid of and I often have to be sick.
Now I tend to only have one meal a day, and if we go out for a meal I usually have to leave as soon as I have finished. If I know we are planning to go out somewhere, I’ll avoid eating beforehand as I know I’ll just be in pain. It is awful to live with and it will be lifelong now.
Legal case alleged operation ‘wasn’t needed’ and ‘not fully consented’
As part of the legal case, Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust admitted breaching its duty of care in failing to properly assess Mrs Gravil’s condition following the gallbladder removal surgery, to check for any injuries.
However, it denied allegations made that the surgery had not been required at all, that alternative options were not considered, and that Mrs Gravil had not been fully consented.
Elizabeth Maliakal, Principal Solicitor at Hudgell Solicitors, led the claim, instructing Counsel Adam Walker, of 7 Bedford Row, and supported by Hudgells’ Litigation Executive Emma Wilkinson.
The claim covered damages for the injuries and suffering caused, and loss of earnings, as Mrs Gravil has not been able to return to her work. She said:
I am pleased to have been able to help Cheryl obtain the answers to the questions she had relating to her care and to secure vital compensation for her, which will ensure she is able to access the care and treatment she now needs.
Initially the hospital denied liability but then they changed their view. We were able to secure an interim payment of damages for Cheryl which enabled her to start rebuilding her life as soon as she could.
Cheryl suffered several injuries due to failures in her medical care and many setbacks on her road to recovery. She is now able to put this claim behind her and use the damages awarded to access treatments she otherwise may not have been able to afford, or which may not have been readily available on the NHS.
Mrs Gravil added:
I’m really happy with the outcome. It has been such a difficult time but Elizabeth has been so understanding and supportive, and she has explained each and every step of the case to me and kept me fully informed.
When I initially approached Hudgell Solicitors I just wanted answers as to why things had gone so wrong with my treatment. I then learnt the treatment I had was negligent and had it not been, I would have made a full recovery. I was worried about bringing a claim, but with the support and understanding of Elizabeth, Adam and Emma, I was able to find the courage to bring the claim and win it. I will always be grateful to them.
