£350,000 for incorrect gastric procedure at the Royal Glamorgan Hospital

The claimant attended the Hospital for what she believed to be (and had consented to) laparoscopic Roux en Y gastric bypass surgery. The surgery was carried out later that day and the Claimant was shocked and distressed afterwards to learn that rather than a Roux en Y gastric bypass she had in fact undergone a biliopancreatic diversion, a procedure that she had not consented to and was not appropriate for her.

The procedure that had been carried out by the hospital is radically different in nature to the Roux en Y gastric bypass (“RNY”) as the RNY involves removal of two thirds of the stomach and reconstruction of intestinal continuity via a long bypass loop, in the order of two to three metres. The biliopancreatic diversion (“BPD”) does not cause significant restriction of food intake but instead results in significant malabsorption of nutrients and essential vitamins and minerals. Dietary supplementation is known to be paramount for successful long-term recovery and maintenance of health in patients who have been given a BPD.

Following the procedure the claimant suffered from offensive diarrhoea and wind, severe dumping syndrome, intolerance of food stuffs and abdominal bloating, discomfort with noise and suffered nutritional problems, in particular brittle fingernails, thin hair, dry and flaky skin and spots.

The claimant was left unable to work as she is unable to control her dumping and diarrhoea, no matter what she ate. This in turn led her to spend a considerable amount of time in the toilet, at short notice, which was not conductive to work. Although she attempted to find alternative employment, employers were unwilling to hire her once she mentioned her surgery and its complications to them.