Tim Willitts Secures Successful Clinical Negligence Claim Against Plastic Surgeon

Tim Willitts recently represented a Claimant in a successful clinical negligence claim against a plastic surgeon.

The claim concerned a debridement procedure at a private hospital on 13 December 2016, following an abdominoplasty in November 2016.

At the end of the debridement procedure, the Defendant had decided to close the wound, instead of leaving it open to heal by secondary intention. The Claimant's case, supported by expert opinion, was that this was in breach of duty, in the sense of the Bolam test (as clarified by Bolitho).

After the debridement procedure, the Claimant's wound showed signs of breakdown and infection. The Claimant's condition continued to deteriorate, leading to signs of sepsis. She underwent an emergency debridement at an NHS hospital less than a week later.

The claim was issued in August 2022. The Defendant mainly represented himself, although he was represented at trial by leading counsel.

In November 2022, a Defence was served, disputing all aspects of the Claimant's claim, relying upon a report from a Professor of Plastic Surgery, who expressed the opinion that the decision to close the wound was acceptable.

Prior to the trial, the breach of duty experts prepared two joint statements which made it clear that the crucial question was whether, on the basis of the clinical information available to him, the Defendant either knew or ought to have been aware that there was a real possibility of infection in the debrided wound.

On 20 September 2024, after a two day trial, Recorder Edwards gave judgment in favour of the Claimant. In doing so, he rejected the Defendant's evidence, and that of his expert, on this crucial question. In doing so, the Recorder concluded that the opinion of the Defendant's expert had 'numerous and significant deficiencies'.

The Claimant was awarded damages of £17,475 plus costs, with a payment on account of costs of £45,000.

Tim was instructed by Andy D. of Clear Law