£105,000 Compensation for Medical Negligence in Bowel Surgery

Posted on: 5 mins read
Last updated:
Georgina Emsley

Solicitor, Medical Negligence

Share Article:

Our client “The Claimant” underwent an elective procedure to have polyps removed from his bowel, but his bowel was perforated during the surgery. After waking from the anaesthetic, the Claimant was in extreme pain and had a visibly 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.

The Claimant had a colostomy and a pouch (to collect bodily waste such as stool and urine) and was told this would be reversed once his bowel had healed, to restore his bowel function. Unfortunately, the stoma shrank resulting in the Claimant experiencing pain and difficulty opening his bowels.

This had to be corrected by way of another operation, but the Claimant then developed a large hernia at the stoma site. He required a hernia repair procedure and at the same time, the stoma was reversed, 18 months after the emergency surgery.

Despite having the stoma reversed the Claimant was unable to regain normal bowel function and struggled with incontinence, which had a big impact on his confidence and ability to carry out daily activities. He also developed a second hernia at the same site following surgery, which required further intervention.

He was diagnosed with moderate depression and was told there was a possibility that he might require a permanent stoma in the future.

two people performing surgery

Get in touch today!

If you have suffered medical negligence, we can help. Get in touch with our friendly team on 0808 239 6043 or 

How We Helped

The Claimant 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 more commonly known as a No Win, No Fee agreement.

The case was dealt with by one of our Medical Negligence Solicitors, who instructed various medical experts to prepare reports assessing the standard of care provided, the extent of the Claimant’s injuries and what his condition would have been, but for the alleged negligent treatment.

On assessing the standard of the treatment provided, our surgical expert was of the opinion that the Surgeon  was responsible for the perforation, and this could have been avoided. He suggested that based on how quickly the perforation developed, too much heat may have been used when removing the polyps.

A psychiatric expert was instructed to prepare a report dealing with the psychological impact of the negligence and both the surgical and psychiatric expert confirmed that all the Claimant’s injuries would’ve been avoided, had the appropriate treatment been provided at the appropriate time.

Based on the opinions of our experts, we then prepared and served a Letter of Claim to the Defendant hospital, who denied liability in full.

The Outcome

The hospital continued to deny responsibility for the Claimant’s issues since his operation. However, after exchanging offers and negotiating with a view of reaching a settlement, the Claimant accepted an Offer in the sum of £105,000.

The compensation was awarded in respect of the emotional and financial impact of the negligence.

two people performing surgery

Explanation of Surgical Negligence and Error

Surgical negligence is when a medical professional who is responsible for your care fails to provide adequate care during your surgery. This can include errors that are made either before, during, or after the surgery procedure.

Surgical errors are any type of mistake that is made during the surgery that causes harm or injury to the patient. This can include errors such as leaving surgical tools behind inside the patient, operating on the wrong body part, or performing the wrong surgery.

It is possible to experience both surgical negligence and error during your stay.

Why Does Surgical Negligence Happen?

Surgical and medical negligence appears as a result of a variety of reasons. Of the reasons can include:

  • Lack of training
  • Miscommunication
  • Not adhering to protocols
  • Mistakes
  • Not obtaining content from the patient
  • Surgeon tiredness

a woman with a bandage wrapped round her head

Claiming Compensation for Your Injuries

If you have suffered from a surgical error which has left you with injuries that have impacted your life, you may be entitled to compensation. Here’s an overview of the claims process, so you know what to expect:

  1. Claims Assessment – Contact us to arrange a free claims assessment where we will chat about your situation and what happened to you. We will tell you if we think you have a case and how strong it is.
  2. Complaints – It’s important to make an official complaint to the NHS, if you haven’t done so already. We will advise you as to whether we think this is suitable for your case and provide support on following the complaint procedure and reviewing the outcome.
  3. Evidence – Once we take on your case, we will ask an independent medical professional to review the treatment you have received and whether they consider your treatment to be negligent.
  4. Interim Payment – Where possible, we always try and secure interim payments to help support you throughout the claiming process. This is ideal if you have immediate costs such as adapting your home or urgent financial needs.
  5. Settlement – We will work towards reaching a settlement outside of Court where possible. We will recommend an amount that we think is fair. If the other party reject the offer or they don’t think they are liable for your injuries, it will go to Court. But most of these cases are settled outside of Court.

Why Choose Us as Your Solicitor

While surgical errors are rare, they have serious consequences for those it happens to. If you have suffered as a result of a surgical error, we can offer legal support.

Our specialist medical negligence lawyers have extensive experience in this area and have successfully negotiated compensation for these types of cases. When you come to us, you know that you are in safe hands, and we will secure for you the compensation that you deserve.

Not only can we assist with a claim for compensation, but as we have large networks, we can also put you in touch with support services, rehabilitation, and financial advisors to help manage your compensation award. Here at Simpson Millar, we offer the full package.

Why not give us a call today to schedule your free no-obligation claims assessment? Ask us about our No Win, No Fee agreements.

Georgina Emsley

Solicitor, Medical Negligence

Areas of Expertise:
Medical Negligence

Georgina is a Solicitor who works in our Medical Negligence team here at Simpson Millar, based in our Manchester office.

She is a committed and highly reliable Solicitor with a track record of supporting clients through the process of making a claim to achieve the best outcome for them. Georgina has experience working on many high-value cases with a range of circumstances and complexities from start to finish, where she reviews medical records, liaises with experts and gathers evidence in order to negotiate the best possible settlement for her clients.

Get in touch, today!

Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 6043

This data will only be used by Simpson Millar in accordance with our Privacy Policy for processing your query and for no other purpose