We pursued a surgical negligence claim and secured £95,000 for Alex who suffered incontinence following an examination under anaesthetic.
In 1992, 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.
On 24 June 1993, 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 on 2 August 1993. During the EUA an anal stretch was performed. By September 1993, 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 Rodney Nelson-Jones issued proceedings on 28 June 1996, shortly after instructions were received, to protect the position on limitation. You only have 3 years to claim based on the statute of limitations and we wanted to ensure that Alex's claim did not become statute barred because he had run out of time.
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.
- You can speak to any medical negligence solicitors on freephone 0800 358 3848
- e-Mail them at email@example.com
- Complete the short enquiry form
All enquiries are completely free of charge and they will investigate all funding options for you including no win, no fee.
Contact us on freephone 0800 358 3848
Or start your claim online.
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Charities we support
Jeremy Hunt admits 'deeply flawed' patient safety with NHS staff 'terrified' to admit mistakes
Health secretary Jeremy Hunt combined positive news that the Prime Minister has finally committed to increasing NHS funding with an admission that he has failed to improve patient safety.
Fieldfisher boosts its leading medical negligence team with partner Jenny Urwin joining in March
Leading medical negligence lawyers Fieldfisher has hired Jenny Urwin, Slater and Gordon Lawyers' Manchester head of clinical negligence.
A Face in the Crowd: Maxillofacial Trauma Conference
Fieldfisher is pleased to be running a conference in London on the 15th March 2018 to discuss different aspects of maxillofacial injuries.
Medical Negligence and Personal Injury Teams top the Legal 500 rankings
Fieldfisher's Personal Injury and Medical Negligence teams have been listed tier 1 in the Legal 500 rankings.
Bridget Collier leads Fieldfisher sponsored walk for Greater Manchester Asbestos Victim Support Group Charity