We were instructed by our client Sara following the birth of her second child at Brighton Hospital in September 2012.
Sara had agreed an elective caesarean with the hospital, but when her waters broke in the evening of 6th September, delays in monitoring her labour meant she was already fully dilated by the time she was taken to theatre and it became an emergency procedure.
During the emergency caesarean section, Sara's uterus was perforated. In the process of repairing it, the doctor stitched her ureters together, unnoticed by the medical team.
Despite complaining of sharp pain in her abdomen, Sara was discharged four days later. She went back to the hospital twice complaining of increasing pain and was eventually readmitted on 14 September. A CT scan revealed the doctor's mistake, which was causing a build-up of urine and the intense pain. Sara then needed another emergency operation to insert ureteric stents and had a catheter and a urine bag fitted.
Not surprisingly, the experience left Sara with depression. She suffered ongoing urinary tract infections and needed high doses of pain relief. She was unable to look after her family or return to work. The stents and urine bag were eventually removed two months later, but Sara continued to suffer severe abdominal pain for months afterwards.
In March 2013, Sara instructed Jonathan Zimmern. He arranged comment from an Obstetrician on her care and wrote a letter of claim to Brighton and Sussex University Hospitals NHS Trust.
In response, the Trust admitted liability. They conceded that, had a caesarean section been performed on Sara's admission to the hospital on 7 September 2012 as planned, she would not have suffered a perforation to her uterus and the subsequent injuries. Following this admission, Jonathan was able to secure a settlement of £32,500 for Sara.
On completion of the case, Sara said:
"I would like to take this opportunity to express my gratitude to you Jonathan for all your efforts and how much they are appreciated".
By Jonathan Zimmern, Partner
Jonathan has been dealing with complex, high value medical negligence cases for over ten years, covering areas such as birth injury, delayed diagnosis, inquests and orthopaedic injury amongst other areas. He is a member of the Association of Personal Injury Lawyers and is acting on behalf of the Trustees for the vCJD compensation scheme – which manages £67.5m for victims of variant Cruetzfeldt Jakob Disease and their families.
He often handles cases which are reported in regional and national press and regularly takes over cases that have been mishandled by other solicitors. He has particular expertise in dealing with complicated cases of clinical negligence which overlap with pre-existing personal injury claims.
If you would like to enquire about making a medical negligence claim you can contact Jonathan Zimmern direct on
Contact us on freephone 0800 358 3848
Or start your claim online.
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