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Settlement for man left with 7 inch scar following surgical procedure carried out without consent

A fifty four year old man has been awarded a five figure settlement by St Helens & Knowsley Teaching Hospitals Trust after he was left with a 7 inch scar on his right groin following a surgical procedure he had not agreed to.

Mr N decided to proceed with surgery to correct a birth defect which resulted in the right side of his chest being significantly more developed than his left side. Born with Poland Syndrome, he was missing a major muscle and soft tissue on the left side of his chest.

Medical experts advised that this could be corrected with liposuction being performed either on the right side of his chest or abdomen followed by lipofilling to his left side but instead carried out a different procedure which left him with an extensive scar.

Having consented to the liposuction and lipofilling only, Mr N was shocked to wake up after his second visit to Whiston Hospital in Merseyside to find that instead of progressing with the planned keyhole treatments, medical staff had instead carried out a dermal fat graft with neither his prior knowledge nor agreement.

Mr N commented: “I had lived with Poland Syndrome all my life but after reading about liposuction in the paper I decided to see my GP in the hope that I could correct it and get my confidence back. The original plan was for the treatment to be carried out via keyhole surgery to ensure minimal damage and scarring but instead I found myself with a large, and very noticeable, scar caused by a procedure they hadn’t even discussed with me. I received an apology from the hospital but no explanation as to why this was allowed to happen in the first place, I was very angry as this was completely avoidable.”

Representing Mr N, Linder Myers medical negligence specialists said: “My client’s injury was completely avoidable and there was no explanation as to why a dermal fat graft was carried out instead of the treatment he had consented to which should have corrected his birth defect without leaving significant marks on his body as a constant reminder.

“Although the settlement is good news for Mr N, he has been left with a significant scar. He now has to live with this for the rest of his life and he has understandably lost confidence in the medical staff making it very difficult to consider any future surgery to address this.”


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