Alex developed rectal bleeding and pain in the anal area. He attended the Homerton Hospital where an anal fissure (tear to his anus) was diagnosed. Conservative treatment worked well for a year until he suffered an acute exacerbation of his symptoms. He was then referred to the Royal London Hospital for surgery.
Alex underwent an examination under anaesthetic (EUA) and a lateral sphincterotomy. Following the procedure, he continued to suffer pain and had some leakage of faeces.
As his symptoms continued unchanged, Alex was readmitted for a second EUA. During the EUA an anal stretch was performed. Several months later, Alex was complaining of faecal incontinence as a result of the anal stretch, which was performed without his consent.
We were instructed on a "no win, no fee" basis and issued proceedings shortly after instructions were received, to protect the position on limitation.
We alleged that the hospital failed to refer Alex to a specialist colo-rectal surgeon, the failure to obtain consent for the anal stretch and the performance of the anal stretch only 37 days after the lateral sphincterotomy.
The defendant admitted breach of duty in respect of the performance of the anal stretch, but denied that the anal incontinence had been caused by this breach of duty. Following negotiations an offer of £95,000 was accepted.