Mark Bowman secured £40,000 for our client who
suffered irreversible damage to
his penis as a result of advice received from NHS
direct.
Michael sustained an injury to his penis during
sexual activity with his girlfriend. A few hours later he realised
it was bruised, swollen and bleeding. He was also
in severe pain.
At the time Michael was too embarrassed to attend
his GP so his girlfriend called NHS direct and spoke with a nurse
over the phone. The nurse advised that if his condition did not
improve, Michael should visit his GP by the end of the following
day.
Still in pain, Michael attended his GP the
following day. He was prescribed a course of antibiotics. Six days
later, he returned to his GP, who noted that his condition had not
improved. Later that day, Michael’s GP phoned and advised him to
attend hospital immediately.
Michael went to the accident and emergency
department at Guy’s Hospital and he was seen by the urology team.
The urology team advised that Michael had a
fractured penis but at this point it was too late to perform
corrective surgery.
If Michael had attended the hospital earlier,
corrective surgery would have limited the amount of scar tissue
that formed at the injury site. However, given the passage of time,
natural scar tissue had formed and therefore any corrective
surgery would have no effect.
As a result of his injuries, Michael can no longer
have penetrative sexual intercourse. He
is unable to get a full
erection without the use of drugs or a penile pump, neither of
which he wants to use. He has suffered psychologically and required
hospitalisation for self harming. His relationship with his
girlfriend of eleven years has since broken down. He now shares
custody of their two children.
Legal Claim for wrong advice
Mark Bowman was instructed to pursue a claim for
medical negligence. Michael’s GP
admitted that he should
have been sent to hospital at the first appointment.
However, a report by a urologist (a specialist in urinary and reproductive organs)
stated that surgery needed to
have been performed within twelve hours to have reduced the injuries that
Michael sustained. Even with
prompt surgery, however, Michael would have been left with some
impairment of function. This meant any claim against the GP would fail, as
the 12 hour window of opportunity had already passed when Michael
attended his GP.
A claim was therefore investigated
against NHS Direct.
A report from a nursing advisor asserted that the
NHS Direct nurse that spoke to Michael's
girlfriend, should have recommended that Michael attend
A&E immediately.
A letter of claim was served on NHS
Direct who denied negligence.
Proceedings were issued against NHS
Direct who subsequently admitted that Michael should have been
referred immediately, but alleged that treatment would have been
effective at any point within 48 hours of the injury being
sustained, as opposed to 12 hours.
Following
discussions with the Defendants, an offer of
£40,000, made without
an admission of liability, was accepted by Michael.
At the conclusion of the case Mark
said: "This
was a particularly nasty case. Michael has suffered injuries that
will affect him for the rest of his life. NHS Direct are used by
thousands of people every month. Unfortunately in this instance,
the service provided to Michael was sub standard."
Michael says: "Thank you Mark. You have helped me
enormously throughout what has been a very difficult time for me on
a number of levels. Without your support I am not sure how I
would have coped. Now that this is behind me I hope I can move on
with the rest of my life."
For further information or if you
have a delayed diagnosis
claim please call Mark
Bowman on 020 7861 4019 or email mark.bowman@ffw.com
You can discuss your delayed diagnosis claim with any member of our
medical negligence team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.