The Student Room Group

Can anyone help with these personal injury and psychiatric harm claims for tort?

I am a bit confused by whether Dr Super in the scenario owes a duty of care?

From: Marie To: You <[email protected]>

Subject: David James

Attachment: Attendance Note David James

Please could you help me with this new matter.

We are being asked to advise in relation to a trauma suffered by David James last year. David has suffered with significant pain caused by haemorrhoids for some time. After many months on the NHS wait list, David’s condition was deemed to be serious enough to necessitate surgery. Mr Lu Legar performed a Haemorrhoidectomy on 12th October 2022. One week after the surgery David was rushed into hospital where surgery was performed immediately. David had to have a number of blood transfusions over the days following the second surgery. David has been unable to return to work and has been left with permanent pain and diagnosed with depression.

I am waiting to receive a medico-legal report from a colo-rectal surgeon (a surgeon specialising in haemorrhoid treatment). In the meantime, I would like you to review the attached attendance note from my meeting with David yesterday. I will let you know when I have the medico-legal report so that you can help further.

Kind regards Marie

Attachment to email from Marie to you Attendance note of meeting between Marie and David James:

Marie met with David James and his partner Jenna Arnold today to discuss potential claims following David’s recent medical experience:

David explained the following:

In 2021, David had been placed on the NHS waitlist for haemorrhoid surgery. David’s symptoms worsened significantly over August/September 2022. On 29 September 2022 David was seen by Mr Lu Legar, a specialist colo-rectal surgeon, at Mount Verny Hospital. Mr Legar conducted a full examination of David and confirmed the need for immediate surgery. Mr Legar noted from David’s medical history that he had suffered a stroke 2 years ago and took Warfarin daily to prevent blood clots. Dr Legar scheduled David for a haemorrhoidectomy on 12 October 2022. Mr Legar informed David of a low risk of post operative bleeding and pain in the first few days following surgery. Mr Legar advised David to not take Warfarin on the day of the surgery.

On 12 October Mr Legar performed the haemorrhoidectomy. David was discharged and returned home that night with instructions to rest for 24 hours and to take the prescribed pain relief, which he had done. On 19 October David woke at 6am with significant pain and fever and found he had been bleeding extensively. Jenna, horrified seeing the amount of blood loss, telephoned the emergency number Mr Legar had given to them and was connected to the emergency registrar at Mount Verny Hospital, Dr Super. Dr Super, who was aware of David’s case and had a copy of David’s medical notes, reassured Jenna that blood loss and some pain was expected following the surgery and that David should rest, take the prescribed painkillers and ‘not worry’. David returned to bed for the rest of the day. On 20 October Jenna woke to see significant blood loss again and had to shake David to wake him as he was unresponsive to her voice. Upon waking, David tried to get out of bed but immediately collapsed on the floor.

David’s brother, Ben, was living with Jenna and David at the time and came rushing in when he heard the thud and Jenna’s screams. Jenna was in shock and unable to move so Ben called an ambulance, which arrived shortly afterwards. When David arrived at Mount Verny Hospital he was unconscious. Following surgery David was taken to the hospital intensive care unit where he was monitored closely and received three blood transfusions. After 5 days David was discharged and sent home with instructions to rest for 2 weeks.

David is now 4 months post-surgery and he still suffers with pain and has been diagnosed with clinical depression following his traumatic ordeal. David has been signed off work as a labourer for the past four months, receiving only statutory sick pay. David does not feel well enough to return to work.

I have contacted Mr Ilan Gentry, a colo-rectal surgeon with a specialism in treating haemorrhoids, for a full medico-legal report and will send this to you as soon as I receive it.

In the meantime, please consider the above and the potential legal claims that might be available.

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