During the operation, the surgeon negligently damaged his left ureter and failed to realise he had done so at the time. It was only two weeks later that the injury was diagnosed and a repair procedure performed. Following the delay in diagnosis and treatment, Anthony required numerous further surgical procedures, including the removal of his left kidney. He was left with life-changing injuries, most notably a permanent nephrostomy, urinary incontinence and extremely bad pain in his perineum.
Breach of Duty was admitted following receipt of our Letter of Claim but causation was denied in that even with competent treatment Anthony would have suffered some of his injuries, most notably the urinary incontinence. A case manager was instructed and an interim payment obtained following the partial admission so that Anthony could begin private treatment.
It was only on instruction of a second urological surgeon that it became clear that Anthony's major injuries would not have occurred with competent treatment. Further evidence was obtained from experts in the fields of general surgery, geriatric psychiatry and care and an offer of settlement made to the Defendants. Following further negotiations, the Defendants offered £300,000 compensation, which Anthony accepted.
At the end of the case Anthony's son said: “Mark gave my Dad and I carefully considered advice at every stage of our claim. We enjoyed our interactions with him and were ultimately very satisfied with the settlement. We would not hesitate to recommend Mark Bowman and Fieldfisher to anyone who has had the misfortunate to be impacted by negligent treatment with life changing consequences."
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