Damages following negligent vaginal mesh repair at private Spire Hospital

Gabriella Gooday secured £60,000 damages in a medical negligence claim against Spire Hartswood Hospital. The claimant, a woman in her late 50s, had been referred to the Spire Hospital by her GP after reporting stress incontinence.

She was diagnosed with grade II rectocoele and significant cervical descent and anterior wall prolapse. And was advised that surgery to repair the prolapse was the best option. Before the procedure, she raised  concerns about the use of mesh having read negative press about the risks. The surgeon advised the client this was irrelevant with no indication he would be using mesh.

Following the operation, however, our client was told mesh had been used due to the severity of prolapse in the vagina, bladder and rectum.

After the surgery, the women experienced significant pain and was readmitted to the Hospital. She suffered incomplete bowel emptying, urinary incontinence and an obstruction in her rectum. Further investigations revealed that the swelling in the woman's septum was caused by the mesh but also that removing the mesh carries a real risk of needing a lifelong colostomy.

Fieldfisher was instructed to pursue a claim against the doctor at Spire Hartswood Hospital, citing allegations including: failure to advise the client of alternate treatment options, failure to advise of the risks of using mesh and failure to obtain informed consent to the surgery. Experts were instructed and found that had the mesh not been used, the client would have avoided many of the symptoms she continues to grapple with.

To date, the client suffers from rectal obstruction and pain on defecation. The doctor has since apologised for the outcome of the surgery. Settlement was subsequently agreed on behalf of the client.

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For further information about hospital negligence claims, and medical negligence claims please call Gabriella Gooday on 0330 460 6758 or email gabriella.gooday@fieldfisher.com.

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