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Widow Claims Six Figure Compensation Following Surgical Error Resulting In Permanent Ileostomy

Our client Andrew had been diagnosed with recurrent colon cancer and kidney problems. On 3 May 2007, under the care of the Calderdale and Huddersfield NHS Foundation Trust, he underwent surgery to remove his kidney, however, no attempt was made to also operate on the recurrent colon cancer. 

During the operation, Alan sustained an iatrogenic injury to his bowel. This resulted in further surgery on 14th May 2007 to repair the fistula. The procedure was unsuccessful and a  further surgery was needed which resulted in Alan needing a permanent ileostomy. An ileostomy is an opening in your belly wall that allows intestinal waste to be removed from the body by using an ostomy pouch.

Alan instructed us to investigate the claim against Calderdale and Huddersfield NHS Foundation Trust in December 2009. We alleged that the wrong procedure was performed on 3 May 2007, had both procedures been performed at the same time, there would have been a wider operating field which may have prevented the injury. Furthermore, whilst it was not negligent to have caused the injury, the Trust should have done more to investigate the source of the fistula.

Sadly in July 2010, Alan passed away a result of his pre-existing colon cancer. His widow, Sandra, instructed us to proceed with the claim.

Alan was terminally ill with cancer but unable to enjoy the last few years of his life because of the permanent ileostomy that he had been left with as a result of the Trust’s negligence. The ileostomy meant frequently trips to the bathroom to deal with the ileostomy, it also made embarrassing noises and he had to be careful what he ate as it would effect the ileostomy. Alan had to give up the work he loved as a supply teacher, he was unable to travel long distances so he could no longer take part in choir trips and worst of all, he and his wife were unable to travel to their daughter’s wedding in America.

Margaret Ryan of the Clinical Negligence team in Leeds dealt with the case and helped Alan’s widow settle an out of Court claim of £100,000.

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