£212,500 in damages agreed following negligent surgery to remove a rectal tumour

Our client Mr D of Dover, Kent sustained injuries following surgery performed by Mr Deya Marzouk to remove a tumour from the rectosigmoid junction on the 21st January 2012.  The surgery was performed at The Chaucer Hospital, Canterbury. During that surgery ureteric injury was caused and not recognised.  In addition, the correct staples for closure of the rectum were not available which lead to the breakdown of the staple line and eventually a need for a permanent colostomy.

Mr D suffered septicaemia, acute renal failure, ITU management and six separate procedures.  Regrettably he now has a permanent ileostomy with a 50% risk of developing stoma complications. He has intermittent bladder pain and reduced function in his left kidney.  He still has to empty his ileostomy bag in the night.

Mr D has suffered strictures to the ureter which have required endoscopy procedures on two occasions. It is likely that he will suffer further strictures and require further endoscopic procedures.   He is at risk of losing his left kidney in the future.

In addition, as a result of all this Mr D suffered an Adjustment Disorder with Mixed Anxiety and Depressive Reaction which was severe.

Due to Mr D’s financial difficulties our focus was to obtain an early admission of liability and an interim payment.  This was achieved and Mr D received three interim payments during the course of the case.

Mr Marzouk’s insurers made a series of inadequate offers and so were invited to attend a settlement meeting which ultimately secured a settlement in the total sum of £212,500.

Stephen Evans, who had conduct of the claim, commented:-

Mr D suffered life changing injuries and endured significant financial hardship as a result of what happened on 21st January 2012. 

Mr Marzouk’s insurers sensibly admitted liability and I am pleased Mr D now has both compensation for his injuries and funds for future surgery which will enable him to eventually return to work”.