Skip to main content
Case Study

£800,000 settlement for client left with permanent colostomy, pain and depression

In a strongly contested case, Lindsay Holt achieved settlement for a client suffering life-changing effects of rectal surgery at Pennine Acute Hospitals NHS Foundation Trust.

Following incomplete endoscopic removal of a cancerous polyp, Lindsay’s client, AB underwent further surgery in 2008, resulting in peritonitis, acute renal failure and pelvic sepsis. His colon was necrotic and his pelvic floor had disintegrated. A left iliac fossa end stoma was performed but AB then developed an extensive stomal hernia. Further investigations identified that the portion of the rectum containing the cancerous polyp had never been removed.

AB was left with a permanent colostomy and suffered two abdominal hernias due to the surgery, resulting in loss of mobility and pain as well as impotence, urinary symptoms, depression and anxiety. He also has a 33 per cent risk of developing further problems.

Lindsay alleged that the surgery in 2008 fell below an acceptable standard of care and that there was a failure to diagnose peritonitis before discharge. The defendants failed to serve a defence on time and unsuccessfully applied to serve their defence late, enabling AB to enter judgment for damages to be assessed. The defendants also made a late application to rely on expert evidence on AB’s life expectancy, which was also rejected by the court.

The case was settled, days before trial, for £800 000, taking account of AB’s need to move to a home adapted to his needs, with provision for a sleep-in carer. An order for provisional damages was also obtained. This will allow AB to return to court if he develops a serious deterioration in his condition. AB was aged 78 at the date of settlement.

The defendants vigorously disputed every stage of the case, from liability to disclosure, to the need for essential equipment. The issues crystallised on whether the AB was entitled to the dignity of living independently and continuing with his pre-injury activities of cooking and driving and whether it was reasonable to expect his partner to provide night time care for the rest of his life.

Contact us

For further information about surgery negligence claims and medical negligence compensation claims, please call Lindsay Holt on 0161 268 8613 or email lindsay.holt@fieldfisher.com.

Alternatively

All enquiries are completely free of charge and we will investigate all funding options for you including no win no fee. Find out more about no win no fee claims.

Sign up to our email digest

Click to subscribe or manage your email preferences.

SUBSCRIBE