Mrs B began to develop abdominal pain and swelling in the right hand side of her abdomen in July 2009 so she went to see her GP at a Derbyshire medical practice who referred her to the surgical team at the Royal Derby Hospital with a suspected hernia.

Ultrasound finds no hernia

A consultant surgeon at the hospital arranged an ultrasound scan as he also suspected a hernia as Mrs B had previous had a caesarean section.  Whilst awaiting the results of the scan Mrs B continued to be in so much pain that paracetamol did not relieve it so her GP  prescribed co-codamol.

On 1 September 2009 the consultant surgeon advised Mrs B that her scan results were normal and there was no hernia.  He discharged Mrs B back to her GP, advising that a CT scan may be considered for further assessment – but this did not take place.

Irritable bowel syndrome diagnosed

Mrs B continued to suffer daily and visited her GP again in January 2010.  The GP noted that Mrs B’s pain was associated with bloating, but not related to eating, and recommended that Mrs B use peppermint oil to relieve the pain.  The oil had no effect and when Mrs B visited her GP again in March 2010, she was diagnosed with irritable bowel syndrome.

Whilst Mrs B was reassured by her GP’s diagnosis, she continued to suffer pain so badly that if affected her ability to carry out her day to day activities. Between August 2010 an August 2011 Mrs B visited her GP several times.  In August 2011 she was seen by a different doctor at the practice who thought there may be a cystic mass and referred her for an ultrasound scan, the results of which were normal.  A further ultrasound was arranged and this picked up an abdominal wall hernia.  Mrs B was then referred to the surgical team at the hospital.

A & E visit leads to emergency surgery

Whilst awaiting the hospital appointment, Mrs B continued to suffer so much that she was struggling to work.  She saw her GP in December 2011 but it was decided that she would await the appointment with the surgical team at the hospital. Towards the end of December Mrs B was in so much pain that she called her GP practice.  A further doctor offered to see her at the practice or said she could go to A & E – which she did.

Upon visiting A & E, Mrs B was diagnosed with an incarcerated incisional hernia and an emergency repair was performed. The operation went well with no complications and Mrs B left hospital on Christmas Eve.

Nikki pursues compensation from GP for breach of duty

Of course Mrs B was really upset with the treatment she had received from her GP and contacted Graysons to see if she could get some redress.  Nikki took up her case.

Nikki contacted the medical practice alleging that the GP had breached her duty of care in that she:

• Misdiagnosed irritable bowel syndrome and was not familiar with NICE guidelines on the issue.
• Didn’t send Mrs B back for a CT scan when it was suggested by the consultant and Mrs B’s symptoms fitted the criteria for such.

Nikki Yavari

Nikki made it clear that had an earlier referral been made Mrs B would have been able to have the repair much earlier and would not have suffered for so long.  Nikki made a claim against the GP for:

• pain suffering and loss of amenity
• loss of earnings
• past and future care/assistance

The GP initially denied liability and Nikki prepared to issue court proceedings.  However, the doctor decided to engage in negotiations and Nikki was able to secure a settlement of £32,500 for Mrs B, with which she was delighted.

If you have suffered as a result of negligent care from your GP, or any medical professional, and you want to know if you are make a claim for medical negligence, please contact our experts now and we will arrange a free of charge consultation in which we can assess your case.

You can find out more about making a claim against your GP on our web pages.