Delayed Recognition of Poorly Positioned Stoma Results in £45,000 Settlement

Elizabeth Larner, a Partner at Wollens, has recently successfully resolved a claim for a client who had lived with ulcerative colitis for many years before deciding to undergo major bowel surgery. In January 2024 she underwent a significant surgery to remove her colon, and to replace it with a stoma bag.

Before surgery, a stoma site was marked on the lady’s abdomen. Following the operation, she immediately began experiencing significant problems with leakage from the stoma appliance. Leakage was recorded within hours of surgery and continued despite repeated reviews by stoma nurses, changes to equipment and extensive attempts to improve management.

The ongoing leakage had a substantial impact on her daily life. She experienced frequent daytime and night-time leaks, skin irritation and soreness around her abdomen, disturbed sleep and significant restrictions on her ability to work and carry out normal activities. In an effort to manage the problem, she was required to adapt her routine, alter her diet and set alarms during the night to empty her stoma bag.

Over the following months, the lady repeatedly raised concerns that the stoma had been positioned too close to her belly button. Hospital records confirmed ongoing difficulties with leakage and recorded concerns about the proximity of the stoma to her belly button. Despite numerous consultations and attempts at conservative management, the problems persisted.

Wollens investigated the circumstances surrounding the surgery and obtained independent expert evidence. The case alleged that the stoma had been incorrectly positioned because inadequate care had been taken when identifying and marking the site prior to surgery. It was further alleged that the surgeon should have identified that the chosen position was unsuitable before creating the stoma.

The evidence indicated that the stoma had been positioned too close to the belly button, preventing the appliance from forming a reliable seal and causing repeated leakage. An independent colorectal surgeon later noted that the proximity of the stoma to the belly button was making it extremely difficult to manage and was adversely affecting our client’s quality of life.

Despite ongoing symptoms, the lady did not receive corrective surgery for a considerable period. Eventually, in November 2025, she underwent further surgery at another hospital to address the problem. The procedure involved reshaping the abdominal contour and removing the belly button to create a flatter surface for the stoma appliance. Following that surgery, the leakage issues resolved.

Court proceedings were issued on our client’s behalf. The NHS Trust denied liability throughout the claim and disputed that the treatment had fallen below an acceptable standard. Nevertheless, following further investigation and negotiation, the claim was successfully resolved by way of a negotiated settlement. Liability was not admitted, but our client received damages of £45,000 in compensation for the pain, suffering and impact the complications had upon her life.

The settlement enabled our client to achieve closure following a prolonged and distressing period and avoided the need for a contested trial.

Elizabeth Larner said “Despite the adamant denial of liability by the Defendant hospital, our experts were clear that the stoma had been placed too close to this lady’s belly button. We were forced to issue Court proceedings to progress the matter, and it was only then that the Defendant hospital was willing to compensate our client. I was so pleased that I was able to help her secure the justice she rightly deserved’.

The lady, Ms A, said as follows “Elizabeth Larner has been such a wonderful support to me during my claim, she is professional,  knowledgeable, patient, kind and honest, I don’t think I would have coped without her. I whole heartedly recommend Elizabeth Larner and Wollens Solicitors to anyone.”

Speak to Elizabeth Larner

Elizabeth is a Partner at Wollens and can advise you. Contact Elizabeth via email Elizabeth.Larner@wollens.co.uk or call 01803 225135.

View Elizabeth’s Profile

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.