JGH instructed Waldrons Solicitors to investigate a claim for clinical negligence in respect of a delay in conducting a sigmoidoscopy resulting in avoidable intensive surgery and a permanent colostomy.
In October 2009, JGH presented at Worcester Royal Hospital with a history of rectal bleeding, urgency and a longstanding history of loose bowels. A proctoscopy was performed which revealed two haemorrhoids. A sigmoidoscopy was not conducted at this stage.
JGH’s symptoms returned and persisted. Urgent MRI and CT scans were arranged in early 2014. It was noted that a rectal polyp showed moderately differentiated adenocarcinoma, a form of cancer. JGH underwent a lower anterior resection of the rectum and sigmoid with anastomosis and APER with ileostomy. JGH was discharged from hospital on 16 June 2014. Following the surgery, JGH developed a perineal abscess which required draining.
We requested JGH’s medical records and obtained expert evidence which identified that a sigmoidoscopy should have been carried out in October 2009. It was our case that had the sigmoidoscopy been performed in 2009, JGH would have undergone a polypectomy which would have shown a low grade cancer, and JGH would not have developed an invasive adenocarcinoma. JGH would have avoided such an extensive operation. On the balance of probabilities, JGH’s life expectancy would have been normal.
The Trust admitted that a sigmoidoscopy should have been performed in 2009 and that the failure to do so represented a breach of duty. However, although it accepted most of our arguments in respect of the adenocarcinoma, the Trust put us to proof as to whether or not JGH would have avoided an adenocarcinoma had she been diagnosed earlier.
We obtained further expert evidence which supported our client’s case and drafted a Schedule of Loss setting out the value of the claim. He sent the Schedule of Loss to the Trust with a view to settle the claim at an early stage. After negotiating with the Trust, settlement was reached for the sum of £250,000.
Upon the settlement of her matter, JGH praised the firm and Joseph Norton in the following testimonial:
“The service I received from Waldrons Solicitors was first rate. Joseph Norton dealt with my medical negligence claim in a diligent, efficient and prompt manner. He kept me regularly informed of developments both by telephone and letter. I found Joseph to be courteous, and his guidance and advice was highly valued.
I would have no hesitation in recommending Waldrons Solicitors and in particular Joseph Norton.”
If you have been affected by a delay in the diagnosis of your injury, click here to contact our Head of Compensation, Joseph Norton, for a free, no obligation discussion or call us on 01384 811811.
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