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Case Study 6 - Medical Negligence Claim

Medical Negligence Claim
Award: Undisclosed

Mr Michael Hammocks of Kent instructed Trethowans in a medical negligence claim against his local NHS Trust for treatment undertaken in 2002.

Mr. Hammocks was suffering from bowel problems and was referred to a consultant at the East Kent Hospital. Unfortunately, complications arose following a number of different treatments and an operation which caused his rectum to ‘give way’. This left Mr. Hammocks with continual buttock pain and abscesses, which resulted in him being admitted to hospital on a number of occasions. In 2003, he was referred to a specialist centre at St Mark’s Hospital, but they were also unable to resolve his problems and he was, once again, referred to East Kent Hospital.

The problems Mr. Hammocks experienced included incontinence, a permanent ileostomy (a surgically formed opening into the lower part of the small intestine, with drainage to collect waste from the bowels) which had leakage problems, discomfort in his abdomen and buttocks, abdominal scarring and constant fatigue. Prior to having surgery, Mr. Hammocks had worked as a full-time coach driver and has since been unable to return to full-time employment.

Mr. Hammocks was unsure whether or not he had a claim, but had a legal expenses policy attached to his household contents insurance. His insurance company put him in contact with Trethowans to assist with a claim for medical negligence.

Trethowans initially obtained a report from a leading colorectal surgeon to assess the standard of care provided that had been provided by both hospitals. The level of care provided by the Consultant and his team at the East Kent Hospital were found to be lacking in many respects and Trethowans filed a medical negligence claim against East Kent NHS Trust. The Trust denied liability and proceedings were issued and transferred up to the High Court in London, where late in 2006, the Trust admitted liability.

“I was very impressed by the service I received from Trethowans, they handled my case with care and sensitivity. Following negotiations led by Gavin Lane and his team at Trethowans, the Trust made a significant offer of compensation to me in November 2006, which I was happy to accept.” - Mr Hammocks, Kent.