£85k compensation for patient seriously injured after negligent colonoscopy perforates his bowel - written by Richard Lynch, Clinical Negligence Solicitor

By Richard Lynch, Clinical Negligence Solicitor, Clear Law LLP

(3 minute read)

Blood in your stool can be a sign all is not well in your gastrointestinal tract. If you experience shortness of breath, fatigue and weakness, in addition to bleeding, it is vital you see your GP immediately. Your GP will carry out basic examinations, check your medical history and prescriptions, and then refer you to a specialist, such as a gastroenterologist, for further investigation if required.

A colonoscopy may be needed to help diagnose any abnormalities such as stomach ulcers, diverticulitis or cancer so that appropriate treatment can be started.

Routine colonoscopy by a skilled and appropriately trained gastroenterologist or general surgeon is normally a safe and routine procedure. However, as with any medical procedure, complications are possible. In a small number of cases one or more perforations (tear or holes in the intestine) can occur if the surgeon does not exercise reasonable care and skill.

Bowel perforations can have serious and life-threatening consequences. If your gastrointestinal tract is perforated, the contents may spill out into your abdomen and cause peritonitis, infection, sepsis and death.

Even if perforations are quickly diagnosed and treated, you may require major surgery such as a colectomy to remove the damaged part of damaged colon.

If the surgeon is later found to have performed the initial colonoscopy negligently and you suffered injury as a result, you may be entitled to significant compensation for the damage caused.

This is what happened to Graham (not his real name).

Graham’s story

In August 2017, Graham noticed blood in his stool. A few days later he felt unwell, so he went to see his GP. His GP arranged blood tests and when the results showed Graham had significant anaemia, he was referred to hospital for further investigation.

A consultant gastroenterologist decided he should undergo a diagnostic colonoscopy to find out what was going on. The colonoscopy detected multiple angiodysplasia (swollen and fragile blood vessels) in the ascending colon and caecum. A plan was made to treat the angiodysplasia by cauterizing the affected areas. He was discharged home while a date for surgery was arranged.

However, Graham returned to A&E the following day complaining of sudden onset abdominal pain, distention (swelling) and a failure to open his bowels. He was immediately admitted to hospital and following further investigation, he was advised he had suffered a catastrophic bowel perforation. He underwent an urgent surgical resection of the bowel and a right hemi-colectomy with formation of a temporary double-barrelled stoma. During the surgery three large perforations were identified in the caecum and ascending colon which, it was later concluded, had been caused during the initial colonoscopy.

In October 2017, Graham was admitted to Hospital with an acute kidney injury secondary to a high output stoma and a peristomal abscess. An abdominal drain was inserted. He was discharged home in November 2017. His stoma was reversed in October 2018.

Graham’s clinical negligence claim

What happened to Graham should never have happened. He felt very let down by his doctors in that a supposedly routine procedure had resulted in so much injury, pain and suffering.

Graham decided to instruct Clear Law Solicitors to investigate a claim so he could be compensated for his injuries and the financial losses he sustained such as loss of earnings and the care and assistance provided by friends and family members.

An expert in the field of general and colorectal surgery was instructed to prepare a report on Graham’s medical treatment. The expert found that the surgeon who performed Graham’s colonoscopy had done so negligently and that his negligence had caused Graham’s injuries.
Clear Law served a formal letter of claim on the Defendant NHS Trust who agreed to pay Graham £85,000.00 in an out of court settlement.

If you were injured following routine colonoscopy, you may be entitled to compensation. To discuss a potential claim, please call Clear Law Solicitors on 0161 873 2763 for a free legal consultation or email richard.lynch@clearlawonline.co.uk.