Woman with faecal incontinence can sue

A woman whose "life was hell" and "appalling" after an operation which left her with chronic faecal incontinence has been given the go-ahead to sue her surgeon for medical negligence.

Associate Justice Joanne Harrison also made an order today that the hearing of the action be expedited because of Kathleen Woods's advanced-stage, incurable breast cancer.

Ms Woods has taken legal action in the New South Wales Supreme Court against Dr William Beattie Ross over a 1998 operation to treat an anal tear.

Since the procedure, the 45-year-old has suffered continuous, chronic faecal incontinence and has developed a leaking "anorectal fistula" about the size of a 10-cent coin, the judge said.

The condition has affected her physically and emotionally, and she is convinced the associated problems caused her marriage to break down.

A psychiatrist reported that Ms Woods recalled "life was hell" and "appalling" after the operation, and that she was depressed and drank alcohol to cope.

She also became socially withdrawn and self-conscious about the incontinence and the associated smell, and was increasingly dependent on her daughter's help, the psychiatrist recorded.

Ms Woods, a single mother, claims Dr Ross should have known, or did know, of the increased risk of complications associated with performing the operation when she was "acutely unwell".

"The plaintiff presented with a history, signs and symptoms consistent with Crohn's disease," justice Harrison said in her judgment.

Ms Woods also alleges the doctor told her "the operation will be simple ... like lancing a boil", and he did not discuss Crohn's disease with her.

After the incident, Ms Woods said, she was "stuck in a rut" and it wasn't until 2006 that she thought about seeking legal advice when a nurse suggested it to her.

By that time, the three-year window for would-be litigants to sue had expired, meaning she was barred from taking legal action.

But Justice Harrison allowed Ms Woods to proceed with her case because she had suffered an "impaired mental condition" during the relevant years.

(Published by The Australian - March 16, 2011)