Substantial compensation for ‘too difficult’ negligence claim

26 March 2024

Substantial compensation for negligent care and management of a perianal wound following bowel surgery.
Substantial compensation for too difficult negligence claim

The story

Our client suffered for many months from a painful perianal wound following major bowel surgery. Despite the case being rejected as unlikely to succeed by five other law firms, Sumit Morjaria investigated and was able to prove negligence in our client’s treatment and care, resulting in substantial compensation for our client.

The details

Our client was a young bank clerk when he underwent a pan-proctocolectomy, an operation to remove part of the bowel to treat severe Crohn’s disease. As a result of the surgery, he was left with a large and significant perianal (affecting the area around the anus) wound, which developed into systemic infections requiring multiple hospital admissions.

The impact

The wound was painful over a period of almost two years, affecting most aspects of his daily life - from showering to walking and sitting. The staining caused by the wound was also very embarrassing for our client, who resorted to using incontinence and sanitary pads to prevent marking his clothing as much as possible.

Our client required his partner to shave his wound area once a week to reduce the risk of infection. Such personal care, and the absence of an intimate relationship with his partner due to the unresolved wound, unfortunately led to the break-up of his relationship.

Given the location of the wound, the risk of future breakdown is elevated and will become more significant as he gets older. He has been left with a large, raised, scar.

How we helped

Our client sought legal advice and instructed Sumit Morjaria, a Senior Associate in the medical negligence team at Shoosmiths, to pursue a claim against the NHS trust for alleged failures in the care and management of the perianal wound following bowel surgery.

Sumit obtained evidence from independent medical experts specialising in bowel surgery and nursing care, to support the claim of negligence. The experts’ reports identified that if our client had received the appropriate treatment and care it is likely that his wound would have healed within a matter of weeks.

Liability was denied in full by the trust. However, following strategic negotiations, Sumit was able to agree a substantial five figure out-of-Court settlement.

The settlement has made a significant difference to our client’s life by enabling him to pay for specialist aids and treatment to manage the risk of any future breakdown of the wound. Prior to Shoosmiths taking the case, our client had been turned down by five other reputable law firms specialising in clinical negligence claims, because they all thought the case would be too difficult to win.

What our client said

Our client was very pleased with the outcome as he now embarks on a new chapter in his life. He said:

“I was thoroughly impressed with the level of professionalism and expertise displayed by Sumit, 5 firms […] turned me down and then I found Shoosmiths, who looked into my case more deeply cost-free and without delay accepted my case. From the very beginning, Sumit was attentive and listened to my concerns with genuine care. He took the time to explain the legal process to me in a clear and concise manner, making sure I understood every step of the way. This not only helped to alleviate my anxiety, but also gave me confidence in his abilities.

Throughout the entire process Sumit was always available to answer any questions or address any concerns I had. He was prompt in responding to emails and phone calls, which I greatly appreciated. This showed me that he truly valued my case and was dedicated to providing the best possible outcome for me. One thing that stood out to me about Sumit was his attention to detail. He left no stone unturned and made sure that every aspect of my case was thoroughly examined. This level of diligence and dedication was reassuring and gave me peace of mind, knowing that my case was in good hands.

Not only was the Sumit knowledgeable and skilled in this field, but he also had a great deal of empathy and understanding towards my situation. He showed genuine care and concern for my well-being, which I believe is a crucial quality for a solicitor.

In the end, the outcome of my case was successful, and I have no doubt that it was due to the hard work and dedication of this Sumit and his team around him. I would highly recommend to anyone in need of legal assistance.”

For further support with Crohn’s disease or to check your symptoms, visit Crohn’s & Colitis UK.



This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. © Shoosmiths LLP 2024

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