Negligent delay in diagnosing perforation and obstruction of colon
Jonathan Zimmern and Jamie Green secured a six-figure settlement for Jude* in his claim against Ashford and St Peters Hospital NHS Trust following a delay in diagnosing and treating a bowel perforation and obstruction.
Jude was diagnosed with Crohn's disease and colitis, both long-term conditions affecting the digestive system. He was initially given strong medication that helped control his symptoms. After some improvement, his treatment was changed to a milder drug.
But Jude's symptoms suddenly worsened. He began experiencing severe stomach pain, vomiting several times a night, and needing to use the toilet up to 20 times a day, often passing blood. Concerned, he went to the hospital and was admitted for further care.
The doctors planned to restart his original medication after running safety tests, which came back clear. But despite Jude's increasing pain, the medication was never given. Instead, he underwent several scans and a colonoscopy, which showed inflammation but no blockage.
A few days later, a new consultant reviewed Jude's case and said he needed emergency surgery, explaining the medication would no longer help. Jude underwent surgery to remove part of his bowel.
During the operation, doctors found a tear and blockage in his bowel and described his gut as extremely fragile. After surgery, Jude was taken to intensive care with a large open wound across his abdomen, a stoma, drains and a catheter.
Jude was shocked when he woke up with an open wound. He had not been fully informed about what to expect and remembers the surgeon saying, 'We need to make sure this never happens again'. He was in hospital for more than three months and lost 20kg by the time he was discharged.
His recovery was long, and he was left with a large open wound that took months to close. The remaining scar affects his movement and confidence. He continues to suffer from complications, including ongoing pain and bleeding, and relies on regular treatment and medication.
The physical and emotional impact has been significant. Jude struggles with fatigue, depression and, while he has adjusted to life with a stoma, he finds his scar is a constant reminder of what he has been through and he continues to struggle with this. Despite these challenges, he manages his condition with resilience and ongoing medical support.
Once instructed, Jonathan and Jamie obtained reports from a Gastroenterologist and a Colorectal Surgeon, who concluded that Jude would have required the stoma in any event but, with earlier treatment, would have avoided the open wound and all of the associated issues.
Fieldfisher subsequently sent a Letter of Claim to the Trust, following which they admitted liability. We then instructed appropriate experts to comment on Jude's condition and prognosis and quantified the claim. During negotiations, Jonathan and Jamie were able to secure a six-figure settlement for Jude before the need to issue Court proceedings.
Following settlement, Jude said:
"Thanks so much for all your kindness, support and assistance with the case. It’s helped make a very tumultuous process feel a lot less daunting and stressful. It all being over is slowly beginning to sink in and it feels like such a relief!"
*name changed
Contact us
For further information about delayed disgnosis claims or medical negligence claims, please call Jonathan Zimmern on 03304606779 or email jonathan.zimmern@fieldfisher.com, or call Jamie Green on 03304606771 or email jamie.green@fieldfisher.com.
Alternatively
- You can speak to our medical negligence lawyers on freephone 0800 358 3848
- e-Mail them at personalinjury@fieldfisher.com
- Complete the short online enquiry form
All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee.
