Introduction

Mr E was born on 7th May 1968. He is a self employed model and actor. 

In December 2003 he was diagnosed as suffering from a right inguinal hernia and he was eventually seen by Mr Kmiot (now deceased) on 21st November 2005.

Mr Kmiot confirmed the diagnosis of a right inguinal hernia and recommended surgery.

The Claimant was anxious about scarring on account of his work and he discussed with Mr Kmiot the possibility of micro surgery (ie laparoscopic surgery).  Mr Kmiot told him that laparoscopic surgery would not make any difference to the size of the scar and on the basis of this advice the Claimant decided to go ahead with the open procedure.

The Claimant was told by Mr Kmiot that the scar would be below his brief line and no more than 2 to 2 ½ inches.

The operation was performed on 6th December 2005. However following the surgery the Claimant was upset about the size of the scar which was approximately 11cm long and in addition he developed numbness on the right hand side of his penis and in his right testicle.

The Legal Case

The Claimant should have been referred to a surgeon who could carry out the hernia repair laparoscopically.

Mr Kmiot did not properly explain to the Claimant the risks of the surgery in particular as follows:

  1. He wrongly told the Claimant that the scar would be 2 to 2 ½ inches in length
  2. He inaccurately told the Claimant that the scarring from a laparoscopic procedure would be only minimally less than that by open surgery
  3. He inappropriately told the Claimant there was a higher risk associated with laparoscopic surgery.

Injuries

The Claimant contended that he had been left with an 11cm scar protruding over his brief line, and that he suffered from penile numbness which affected his sexual relations.

He also contended that the scar may have negatively affected his ability to undertake "body work".

The Proceedings

The Claimant instructed Russell-Cooke shortly before the third anniversary of his claim and therefore to protect his position in regards to the Statute of Limitations a Claim Form was issued at court on 3rd December 2008.

The Particulars of Claim, medical evidence and schedule of special damages were all sent to the Defendant on 30th July 2009 and then the parties explored settlement.

A compromise was eventually reached on 12th March 2010 in the sum of £15,000.00.

The Settlement

There was no particular breakdown of the settlement.  However, it included surgical revision costs in the sum of £2,500, and a modest amount for lost body work in the approximate sum of £1,000.00 the balance of £11,500 was to compensate the Claimant for his pain, suffering and loss of amenity.

Costs

The Claimant instructed us initially as a private client and we then entered into a no win/no fee agreement with him on 2nd December 2008.

As part of the settlement the Defendants also agreed to pay the Claimant's legal fees.