THE TYPE OF CASE WE DO

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OUTDATED TREATMENT OF ANAL PAIN LEADING TO INCONTINENCE

B v H 2004

£35,000 for occasional leakage of faecal material

FACTS

Following haemorroidectomy Mr B aged 52 suffered from anal pain on defectation.

Mr B was examined under general anaesthetic and underwent dilatation of the anal canal with four fingers for two minutes.

Following the procedure although Mr B's pain resolved he suffered from mild faecal incontinence which was generally adequately managed by dietary changes.

Mr B continued so suffer occasional leakage of fluid from his anus on exercise and required regular enemas.

BREACH OF DUTY

It was Mr B's case that an anal stretch was an outmoded unacceptable treatment for anal pain.

CAUSATION

It was Mr B's case that the anal stretch caused permanent damage to his internal anal sphincter leading to his incontinence.

OUTCOME

Liability was accepted and compensation agreed at £35,000