Rachel Bowen acted for Wendy (whose name has been changed), who brought a medical negligence claim against The Dudley Group NHS Foundation Trust after surgical treatment of an early bowel cancer diagnosis allegedly caused her to develop severe problems. She was 71 at the time of the alleged negligence.
In 2022 following the endoscopic removal of a cancerous bowel polyp, Wendy’s treating clinicians identified two possible management options: surgical resection (which is a major operation often involving making a hole in the bowel that connects to an external bag) or ongoing monitoring through regular scans. Wendy alleged that despite this, she was advised that surgery was necessary and she was not informed of the alternative option of monitoring, or adequately warned of the risks of a bowel leak or the need for a permanent stoma (the hole leading out from the bowel to the bag).
Before surgery, Wendy repeatedly expressed concerns about the possibility of a permanent stoma due to previous cancer treatment and existing health complications. She was reassured that any stoma would only be temporary.
The surgery itself was complicated. The Trust later admitted that the operating surgeon had failed to properly review relevant medical records before advising surgery and that incompatible surgical stapling equipment had been used during the procedure. Histology subsequently confirmed there had been no residual cancer in the bowel. Following surgery, Wendy suffered an anastomotic leak (a leak between the two joined ends of bowel) and bowel obstruction, requiring emergency corrective surgery, a permanent stoma, and a prolonged hospital admission.
As a result of the alleged negligence, Wendy experienced significant physical and psychological injuries, including adjustment disorder, a permanent stoma, incisional and parastomal hernias for which she requires further surgery and a lifelong need for ureteric stenting (regular insertion and replacement of a tube to take urine from the kidney to the bladder) under general anaesthetic.
Outcome
The Defendant admitted failing to properly review Wendy’s records and using incompatible surgical equipment during the operation but filed a Defence denying liability and causation overall. Despite this, Rachel negotiated with the Defendant who agreed to settle the claim for the sum of £275,000.00 plus payment of Wendy’s costs.
Rachel Bowen
Rachel is a Legal Director within the Medical Negligence Department; she has particular expertise in high-value claimant medical negligence claims.
Approachable, knowledgeable and supportive of her clients, Rachel offers guidance and clear practical advice at a time when people are struggling to come to terms with what has happened to them.