A mother of two was awarded $755,475 after successfully claiming that a surgeon botched her hemorrhoid surgery in 2013.
The Supreme Court of Tasmania found that, considering all probabilities, Dr Tony Patiniotis had negligently operated on Ann Marise Garling, who was 58 years old at the time, during a procedure in September 2013.
He had sought medical attention after suffering anal bleeding which was discovered to be caused by internal hemorrhoids.
Dr. Patiniotis performed a surgical procedure known as a stapled hemorrhoidectomy.
However, the staple was inserted too low into his anal canal, increasing the risk of complications, Supreme Court Justice Michael Brett wrote in his decision.
The Supreme Court of Tasmania found that Dr Tony Patiniotis had negligently operated on Ann Marise Garling (pictured), who was 58 at the time, during a procedure in September 2013.
He subsequently received a loop ileostomy in 2016 and now lives with an external stoma bag which has significantly impacted all aspects of his life.
Judge Brett concluded, after a five-day trial, that “on the balance of probabilities” the breach of the duty of care had caused the nerve damage and harm suffered by Ms Garling.
“In my opinion, the defendant’s negligent actions in this proceeding have had a significant impact on the plaintiff,” he said in his conclusions, delivered Monday.
‘Their ability to enjoy life and the activities that would normally be part of it is greatly affected.
‘I thought there was a certain degree of hopelessness in his own subjective assessment of his current circumstances.
Dr. Tony Patiniotis performed the stapled hemorrhoidectomy surgery
“His evidence that he had ‘given up’ resonated and I can understand how he would have developed that attitude.”
The court heard Mrs Garling had a history of constipation, rectal bleeding and symptoms related to gastrointestinal motility, as well as mental health problems.
He had complained of discomfort and not being able to sit up in the months following the procedure in 2013, as well as experiencing difficulty emptying his bowels.
“The plaintiff’s case is that she has suffered a serious and permanent 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 “ongoing pain, problems defecating, the aggravation of pre-existing psychological injuries and impacts on her functionality”.
“She described as evidence ongoing problems with nausea, vomiting and belching, social isolation due to embarrassment and actual problems experienced with the stoma, including the effect of smell, and accidents with the stoma bag,” he said.
‘All of this has had an effect on his ability to establish and form relationships and has prevented him from working.
“He has also suffered psychological problems as a result of ongoing symptoms and 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 the Hobart Obesity Surgery Centre, denied performing the surgery negligently and resulting in continued difficulties for the patient.
“The defendant’s argument is that the evidence does not support a causal link between any demonstrated negligence in the performance of the procedure and the subsequent deterioration of the plaintiff’s health,” Judge Brett said.
The doctor’s lawyers argued that the problems Mrs. Garling faced after surgery were due to her pre-existing conditions.
Judge Brett said his impression was that Mrs Garling had suffered “considerable psychological distress…arising from the negligent performance of the stapled haemorrhoidectomy, including those arising from the ileostomy”.
As part of her payment, 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. Patiniotis was contacted for comment.
