Claimant, aged 41 years, underwent surgery in relation to a right inguinal hernia. Prior to the surgery he enquired whether micro surgery would be possible as he was a self employed model and actor and was concerned about the scarring. The Defendant advised that micro surgery would be a less effective means of treating the hernia and would make little difference to the size of scar as compared to open surgery. The only risk referred to on the consent form was bleeding.
Following the operation the Claimant had an 11cm scar protruding over his underwear line and experienced numb genitalia on the right side.
Claimant alleged negligence in failing to refer him to a surgeon who could have carried out hernia repair by laparoscopy and failure to obtain valid consent. Liability disputed.
Prognosis – numbness was expected to resolve within one year. The scar was permanent and he recovered a modest sum for loss of opportunity to obtain “body” shoot work.
Out of court settlement: £15,000 (General Damages: £11,500).
Adam Korn instructed by Russell-Cooke LLP for the Claimant. Berrymans Lace Mawer LLP for the Defendant.