Avoidable bowel injury leads to medical negligence claim
After basic hospital care failures resulted in devastating and avoidable injuries, our medical negligence team supported Simon* and his family to hold the Trust to account and achieve a six-figure settlement.
*Real name not used
What happened to Simon?
Simon attended hospital due to severe back pain. During his admission, he was prescribed multiple strong pain relief medications. However, he was not given the appropriate laxatives, which are often administered as a preventative measure following the use of these drugs.
As a result, Simon developed severe constipation and faecal impaction, which went unnoticed due to a lack of stool charting. This led to a stercoral perforation of his bowel, causing a medical emergency.
He required urgent, life‑saving surgery, including the removal of part of his sigmoid colon, formation of a temporary stoma, and a splenectomy. Following surgery, he also developed a deep vein thrombosis (DVT) because he had not received appropriate blood‑clot prevention. He later went on to develop a parastomal hernia, adding to his ongoing difficulties.
Shortly after his discharge from hospital, Simon’s family contacted Irwin Mitchell for specialist legal support.
Our investigation
Our medical negligence team carried out a detailed investigation into the care Simon received.
We instructed a Professor of Surgery, an expert in their field, to review the treatment and prepare a report on breach of duty and causation.
The expert concluded that:
- Appropriate stool charts were not completed, meaning constipation was not identified or acted upon
- Had constipation been properly monitored, laxative treatment would have been escalated, preventing the bowel perforation, emergency surgery, stoma, splenectomy and hernia
- Simon did not receive appropriate thromboprophylaxis, and if he had, the DVT would not have developed.
These failures represented clear breaches in the duty of care owed to Simon.
Admission of fault
The NHS Trust admitted fault in its Letter of Response, accepting that:
- Stool charting and thromboprophylaxis were inadequate
- The bowel perforation, emergency surgery, stoma, splenectomy, hernia and DVT could have been avoided.
As a result of these admissions, the case settled out of court for a six‑figure sum, ensuring Simon did not have to endure the stress of a trial.
How the settlement will help
The compensation has provided vital security for Simon’s future. It will allow him to:
- Pay for professional nursing care
- Make adaptations to his home to improve independence and safety
- Purchase specialist equipment and aids
- Continue taking part in the hobbies he enjoyed before his injuries.
Expert comment
Jennifer Quaife, a solicitor who worked on Simon’s case, said:
“This was a devastating and entirely preventable series of injuries. Simon placed his trust in the hospital, yet basic steps were missed with life‑changing consequences.
We are pleased that the Trust accepted responsibility and that this settlement will help Simon access the care and support he needs to move forward from this experience.”
If you or a loved one has suffered avoidable harm due to hospital errors, you don’t have to face it alone. Our specialist medical negligence solicitors have extensive experience in holding NHS Trusts to account and securing compensation for life‑changing injuries.
Contact us today to find out whether you may be able to make a claim and how we can support you every step of the way.
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