This case related to failings in Mr T’s care both pre and post operatively, contributing to his unfortunate death.
Case facts
Mr T had a colonoscopy at hospital in which a large polyp was found in the caecum. Biopsies were reported as benign polyps.
Despite no metastasis shown, the Radiologists felt this was unlikely to be a simple polyp. A Multi-Disciplinary Team (MDT) decision offered right hemicolectomy and the team discussed no other treatment options.
The Deceased was told he required an urgent hemicolectomy. No other treatment options were discussed with him.
Failure to consent
Mr T was non-communicative on the day of the surgery as the surgeon unsuccessfully sought to confirm consent. Despite Mr T’s failure to re-consent, the operation went ahead.
Issues following the operation
Post-operatively, Mr T deteriorated and he was admitted to the High Dependency Unit. Mr T developed a category three (at least) pressure ulcer to sacrum. He continued to deteriorate and died a month later.
Our investigation
Our investigation found failings in relation to:
- The lack of options offered to the patient other than extensive surgery
- The consent process before the surgery
- The post operative pressure ulcer prevention and management.
We argued that if Mr T had been given more time to consider the risks and other treatment options, he would not have consented to the hemicolectomy. We also argued that his post operative care was negligent. Independent expert evidence was obtained to support thesearguments.
Following negotiations, Mr T’s estate was awarded a substantial out of court settlement.