Mum is awarded $755k after successfully claiming surgeon botched haemorrhoids surgery

A mother of two has been awarded $755,475 after successfully claiming that a surgeon botched her hemorrhoid surgery in 2013.

The Supreme Court of Tasmania ruled that Dr. Tony Patiniotis, on the balance of probabilities, negligently performed surgery on Ann Marise Garling, who was then 58, during a procedure in September 2013.

She had sought medical advice after experiencing anal bleeding which turned out to be caused by internal haemorrhoids.

She underwent a surgical procedure known as a stapled hemorrhoidectomy by Dr. Patiniotis.

However, the staple was inserted too low in her anal canal, increasing the risk of complications, Supreme Court Justice Michael Brett wrote in his ruling.

She later received a loop ileostomy in 2016 and now lives with an external ostomy bag, which has had a significant impact on all aspects of her life.

Judge Brett ruled after a five-day trial that ‘on the balance of probabilities’ the breach of duty of care had caused the nerve damage and harm suffered by Mrs Garling.

“In my opinion, the defendant’s negligent conduct of these proceedings had a significant impact on the plaintiff,” he said in his findings, which he released on Monday.

‘Her ability to enjoy her life and the activities that would normally be part of it has been seriously affected.

‘I thought there was a degree of hopelessness in her own subjective assessment of her current circumstances.

Dr. Tony Patiniotis performed the stapled hemorrhoidectomy

‘Her evidence that she had ‘given up’ resonated, and I can understand how she might have developed that attitude.’

The court heard that Ms Garling had a history of constipation, rectal bleeding and symptoms related to gastrointestinal motility, along with mental health problems.

She had complained of discomfort and inability to sit down in the months following the procedure in 2013, and also had difficulty emptying her bowels.

“The plaintiff alleges that she suffered permanent and severe disability as a result of the defendant’s negligence,” Judge Brett said.

He added that Ms Garling’s lawyers had argued that the placement of the staples had caused “persistent pain, difficulty with bowel movements, aggravation of pre-existing psychological injuries and impact on her functioning”.

“She described persistent problems with nausea, vomiting and belching, social isolation due to embarrassment and actual problems related to the stoma, including the effect of odor, and accidents with the stoma bag,” he said.

‘All this has had an effect on her ability to form and form relationships and has prevented her from working.

‘She has also had psychological problems as a result of the persistent complaints and the resulting social isolation.’

Judge Brett did not find that Dr Patiniotis’ negligence had caused problems with her gastrointestinal motility and musculoskeletal problems.

Dr. Patiniotis, who still works as a surgeon at Hobart’s Obesity Surgery, had denied that he performed the operation negligently and that it had led to ongoing problems for the patient.

“The defendant’s argument is that the evidence does not support a causal link between proven negligence in the conduct of the procedure and the subsequent deterioration of the plaintiff’s health,” Judge Brett said.

The doctor’s lawyers argued that the problems Ms Garling faced after the operation were due to her pre-existing conditions.

Judge Brett said he was of the impression that Mrs Garling had suffered ‘significant psychological impairment… as a result of the negligent performance of the stapled haemorrhoidectomy, including that arising from the ileostomy’.

As part of her payout, Ms Garling received $75,000 for pain, suffering and enjoyment of life, $240,000 for future expenses and $320,000 for future domestic help.

Dr. was contacted. Patiniotis for comments.