Case study: nerve damage following inguinal hernia repair

Our medical negligence solicitors acted on a case involving a client who suffered ilio-inguinal nerve damage after undergoing surgery for an inguinal hernia repair.

Diagnosis of an inguinal hernia

In 2013, our client, G, developed groin pain. He was 37 years old, and a keen weight lifter and runner. He was diagnosed with a right inguinal hernia and underwent open surgery two years later at the Spire Liverpool Hospital as an NHS patient.

Pain after surgery

Unfortunately, G was in great pain in his groin and upper thigh after his surgery, and this did not settle down. He also suffered with excruciating and unbearable pain during sexual intercourse. After many visits to his GP, which focused mainly on the pain during intercourse, G was referred for pain management and, in 2017, was diagnosed with nerve damage.

Starting a claim for nerve damage

Barcan+Kirby’s medical negligence lawyers were instructed to determine whether there had been a breach of duty in the surgical technique during G’s surgery, which had led to nerve damage.

We sought expert opinion from a colorectal surgeon who confirmed that, whilst he was not critical of the surgeon’s surgical technique, he was critical of the fact that the surgery had been carried out at all. The medical expert’s opinion was based on the fact that a lump had not been detectable in G’s groin when examined by either his GPs or his surgeon. Furthermore, the scan that was specifically carried out pre-operatively by G’s surgeon to try and establish the cause of his groin pain, demonstrated that there was no inguinal hernia in his right groin, or such a tiny one that it would not have caused G’s pre-operative symptoms.

Lack of consent

G had also not been adequately consented as he had not been informed that there was a very strong chance that surgery would not alleviate his groin pain. G’s evidence was that had he been informed of this, he would not have opted for surgery at all.

Our medical negligence solicitors served a Letter of Claim and in response, liability was denied by the Defendant who stated that the tiny hernia was sufficient reason to operate. They also maintained that G was adequately consented and would have opted for surgery if there was a chance that it would have alleviated his pain.

Settlement of the claim

Our team started proceedings for the nerve damage claim, and the defence was filed in April 2021, with the Defendant’s position on liability being maintained.

However, the parties agreed that a mediation would be sensible in order to avoid the costs associated with prolonged litigation. Mediation was arranged for December 2021 and the claim settled two days after in the sum of £250,000.

Contact our medical negligence solicitors

If you’ve suffered from nerve damage or another injury as a result of negligent medical treatment, we are here to help. Our clinical negligence lawyers work with clients all over England and Wales from our offices in Bristol and South Gloucestershire.

To discuss a potential claim with a member of our team, call us on 0117 325 2929 or fill out our online enquiry form.