£105,000 Compensation for Medical Negligence in Bowel Surgery
A Medical Negligence Claim Case Study - Client Situation
Our client had a routine operation to have polyps removed from his bowel. However, his bowel was damaged during the procedure, with part of it breaking down and forming a perforation (a hole). After waking from the anaesthetic, our client was in extreme pain and suffering with a swollen abdomen.
He was transferred to another hospital for emergency treatment, and upon arrival he was taken to theatre, where part of his bowel had to be removed.
He was to have a stoma bag until the bowel had healed and this could be reversed. But the stoma caused problems as it shrank in size, causing our client pain and difficulty opening his bowels.
It was eventually corrected during another operation, but our client then developed a large hernia at the stoma site. As a result, he needed a hernia repair procedure and at the same time, the stoma was reversed, 18 months after the emergency surgery.
Unfortunately, despite having the stoma reversed, our client didn’t regain normal bowel function and struggled with incontinence, which had a big effect on his confidence and day-to-day life.
He was diagnosed with moderate depression and there was a chance that he could require a permanent stoma in the future. He also developed a second hernia in the same place which required further surgery.
How We Helped
He called our Medical Negligence Solicitors and explained what had happened during a free consultation. We were able to take his case on under a Conditional Fee Agreement which is commonly known as a No Win, No Fee agreement.
The case was dealt with by Medical Negligence Solicitor Rebecca Brunton, who instructed various medical experts to compile reports assessing the standard of care provided. These experts were also asked to comment on what our client’s condition would have been but for the alleged negligence.
On assessing the standard of the treatment provided, our surgical expert’s medical report stated that the surgeon hadn’t carried out a simple manoeuvre that would’ve stopped the perforation from happening. He also stated that based upon how quickly the perforation became apparent, excess heat may also have been used when removing the polyps.
Rebecca brought in both a surgical expert and an expert psychiatrist during the course of the claim. They confirmed that all of our client’s difficulties would’ve been avoided had the correct steps been taken.
Having obtained expert medical evidence backing up our client’s case, a Letter of Claim was sent to the defendant hospital. The hospital denied liability (fault), which meant the case would have to be scheduled to go to Court.
The hospital continued to deny responsibility for our client’s medical issues since his operation. However, Rebecca Brunton persuaded them to negotiate on reaching a possible compensation settlement. This meant the case wouldn’t need to go to Court if an agreement could be reached.
After exchanging offers, a settlement was agreed, with our client accepting an offer of £105,000 compensation.
This reflected both the emotional and financial impact of the medical negligence, and give him some security in case he needs further surgery in the future.
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