Surgery Negligence
Compensation for Pain and Suffering Following Unnecessary Surgery

Compensation for Pain and Suffering Following Unnecessary Surgery

Undergoing surgery which was not, in fact, justified, led to years of complications and poor health.

As he had been suffering episodes of abdominal pain and bleeding from his bowel, Ian decided to attend his GP. He had been assessed for similar symptoms a few years earlier and it had been felt that surgery was not necessary. This time, his GP referred him for further investigation.

A sigmoidoscopy, where a tube is inserted via the anus to allow inspection of the large intestine, was carried out but complications within the bowel meant that it was not possible to achieve a definitive picture of what was causing Ian's problems. Alternative investigations were proposed and the GP referred Ian to a colorectal clinic for assessment.

The consultant at his assessment did not arrange for further testing to assess the condition of Ian's bowel but, concluding that Ian was suffering the effects of diverticulitis, decided that Ian should undergo surgery to remove part of his colon.

Ian consequently underwent keyhole surgery as suggested.

When we asked a colorectal expert to investigate Ian's treatment, he found that it has been inappropriate for Ian to undergo surgery at this point. Not only had Ian's consultant failed to recognise that recurrent rectal bleeding is not a sign of diverticulitis, but insufficient evidence had been obtained to be clear as to what was causing Ian's bowel and abdominal problems.

Unfortunately, within 24 hours of being discharged, Ian's surgical repair had broken down and faeces had leaked into his abdominal cavity, causing Ian to develop peritonitis. Ian had to undergo emergency surgery to resolve this shocking problem. He became extremely ill and required support in both intensive care and the high dependency unit. As part of the procedure, Ian was also fitted with a stoma to provide bowel function which he found extremely distressing.

Over the months, Ian consistently suffered problems with his colostomy as well as a range of other physical and psychological problems as a result of his surgery.

Eventually, it was decided that Ian's stoma could be reversed and he attended hospital for the surgical procedure. Unfortunately, this led to Ian suffering from severe sepsis, a life-threatening condition.

Prior to his unnecessary surgery, Ian had been a fit man who worked long hours in his own business. He had engaged in a number of social activities and had a good quality of life. The variety and severity of the problems which he has suffered as a result of surgery, however, has left him with on-going bowel problems, fatigue and shortness of breath, as well as being emotionally distressed. He has struggled to return to work and can do more than two to three hours of work per day.

Ian asked Glynns to investigate his quality of care. Our medical expert found that the catalogue of physical and emotional problems which Ian had suffered had stemmed from his initial unnecessary surgical procedure.

As a result of our investigation, Ian was awarded compensation for his pain and suffering of more than £85,000.

(Details which might identify our client have been changed.)

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