Clinical Negligence

Settlement of claim for damages following delay in diagnosis and treatment of ulcerative colitis

Jonathan Herbert, specialist clinical negligence lawyer acting for the claimant, obtained a settlement of £250,000 to compensate the claimant for his pain and suffering and past and future financial losses.

Mr A was aged 50 when he became unwell with abdominal symptoms. His symptoms deteriorated and he attended his local A&E department where he was discharged with a recommendation for his GP to arrange a gastroenterology referral. Five days later he deteriorated and was taken by ambulance back to the A&E department. This time further investigation led to a diagnosis of acute ulcerative colitis. As a result of delay he could no longer be treated non-surgically with intravenous then oral steroids. He required emergency surgery resulting in a colectomy and potentially permanent ileostomy with rectal stump. As a consequence Mr A suffered:

a)    Leakage from his ileostomy;
b)    Sleep deprivation;
c)    Back pain;
d)    Inguinal and parastomal hernia;
e)    Risk of adhesive obstruction;
f)    Inability to function at pre illness levels;
g)    Psychiatric injury with alcohol reliance.

The defendant admitted failures to diagnose the ulcerative colitis and the loss of the conservative treatment option but asserted that the surgery would have been needed within five years in any event.

Court proceedings were commenced before a settlement was negotiated with the defendant’s lawyers.

Jonathan Herbert specialises in clinical negligence compensation claims.  If you would like to ask Jonathan a question about a potential case, or if you have a general query about any personal injury, contact him at Thomson Snell & Passmore solicitors on 01892 701226 in confidence.

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