A woman has spoken of her ‘complete disbelief’ when told that doctors had mistakenly removed the wrong rib during surgery.
The patient, of East Yorkshire, had been suffering from worsening chest pains and a cough for some time, so much so it was impacting on her quality of life.
Scans revealed a potential cancerous growth, and so she underwent surgery at Castle Hill Hospital in August 2017 to remove part of her seventh rib.
However, two weeks later, at a post-surgery review, she was told that her entire sixth rib had been removed in error and that she would need another operation to remove the correct rib.
Ever since undergoing her second procedure in October 2017, she has suffered from chronic chest pains, often spreading into her shoulder, causing her to struggle sitting comfortably, and also impacting her sleep.
She had to quit her job as a healthcare assistant due to the pain, and her husband had to take voluntary redundancy to ensure he could be at home to care for her.
The couple had spent most of their time since living in their static home on a caravan site as she has found it too difficult to walk up and down stairs. The woman has also been forced to give up many of the things she previously enjoyed, including going out for meals, swimming and horse riding.
Now, following legal action led by our medical negligence team at Hudgell Solicitors, the woman has been awarded a substantial damages settlement by Hull University Teaching Hospitals NHS Trust.
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‘Lack of care, concern and compassion’
The patient said:
I will simply never be able to understand how this was able to happen. When I was told that they’d taken out the wrong rib I was in complete disbelief and I just said to the surgeon, ‘you must be joking.
After the first surgery I felt in pain from the operation, but I was also aware that the original pain was still there, and then started to get worse.
Two weeks after the operation I was told the wrong rib had been removed in error. I remember the surgeon being very blasé about it, and even making a comment about not making the same mistake again as he’d have more space to work in the second time around.
My husband is usually a really placid man, but he was furious at how the surgeon showed a lack of care, concern and compassion. It was like it wasn’t a big deal, and he was trying to play down the seriousness of it all.
‘Immense impact on life’
The woman says she has now been left ‘untrusting’ of the NHS – despite previously working as a healthcare assistant herself. She said:
The impact of this mistake has been immense on my life, as I have gone from being a very healthy and active woman to being a bit of a couch potato.
I have almost constant chest pains which often spread to my shoulder and down my arm, the skin around where I had my operations is very sensitive and painful, and I’d say most days my pain level is around five or six out of 10, and eight or nine on the worst days.
We used to look after our granddaughter whilst our daughter was at work, but again I’ve found that very difficult and it has been heartbreaking not to be able to play with her like I used to.
My hobbies and social life have been impacted also. I used to swim around 70 lengths three or four times a week but can’t any more, and I used to be an avid horse rider, but I can’t get on a horse now, and that’s something I’ve done and loved since being three-years-old.
As a couple we used to go out for meals regularly, but we can’t do that as I can no longer sit through an entire meal.
This has also caused me to fear hospitals. I’ve had to go back for other reasons since and I was really fearful and not happy to be there at all.
At a recent appointment I explained what had happened to me to a member of staff and they said that they knew all about me as some training had been focussed around my case, so hopefully that means lessons are being learned.
I wouldn’t want anybody else to go through something like this. It has been so difficult. I’ve been fortunate to have a fantastic husband, family and friends who have been there to support me, and an excellent legal team acting on my behalf.
Legal claim led to admission of negligence
Helena Wood and Sarah Colgrave, medical negligence claims specialists at Hudgell Solicitors, led the legal claim against Hull University Teaching Hospitals NHS Trust on behalf of the patient, alleging negligence through wrong site surgery.
It is classed as a ‘Never Event’ – serious incidents which the NHS recognises and accepts to be ‘wholly preventable’ and should never happen if the correct procedures are followed, and preventative measures taken.
The Trust admitted breaching its duty of care, agreeing to a significant out-of-court damages settlement to compensate for physical and psychological pain and suffering, loss of earnings and the cost of care and assistance, occupational therapy and equipment requirements.
Ms Wood said hundreds of ‘Never Event’ cases happen each and every month in hospitals across the country. The latest statistics show that from the start of April 2024 to the end of August, there were 154 reported cases to NHS England. She said:
This was a basic, completely avoidable error which has had a hugely negative impact on my client’s quality of life. I have been pleased to secure a significant settlement, without the need to go to court, which reflects this for her.
Sadly, hundreds of these mistakes are being made in hospitals each year, in some cases causing serious long-term suffering and harm.
These commonly include procedures being performed on the wrong area of a patient, like happened to my client, to surgical instruments and swabs being left inside patients after medical procedures.
In any case where this happens we’d suggest taking legal advice immediately as the errors need to be fully investigated and highlighted, and patients deserve compensating.
The patient added:
It has been a real rollercoaster ever since the operation, as not only have I had to cope with what happened to me and the impact on my health, but I’ve also had to have lots of examinations and assessments with specialists as part of the legal claim, to support my case.
I’ve found that hard at times, but I cannot thank Helena enough for her support. It has been an awful time but she has been brilliant, supportive and understanding when I have been a bit low and overwhelmed by it all.
She fought hard to get me the best result, and the damages have helped towards buying a bungalow near our daughter’s home, as I simply can’t manage stairs anymore as its too painful for me.
Hudgell Solicitors instructed Counsel Leila Benyounes, of Parklane Plowden Chambers, to represent in the case.
