We pursued an obstetrics negligence claim for Melissa who's ovaries were removed unnecessarily causing early menopause. Paul McNeil settled the claim against Guy's Hospital for £35,000.
Melissa had fibroids in her uterus that were causing pain in the left side of her abdomen in January 1994. Her consultant advised a total abdominal hysterectomy, but it was decided that they wouldn't remove her ovaries as she was only 38 at the time.
Melissa was admitted to Guy's Hospital on 11 January 1995 for the operation.
Before the operation a junior doctor indicated to Melissa that it was the consultant’s policy to remove the ovaries in order to protect against ovarian cancer.
At that time Melissa's father was suffering from cancer so she signed the consent form. There was no further information given to her about the consequences of having her ovaries removed.
Melissa underwent the operation and both her ovaries were removed as part of the surgery.
It was subsequently established that the ovaries were completely normal.
Melissa suffered psychological and physical effects from the removal of her ovaries and in particular she required long term hormone replacement therapy (HRT). She also has an increased risk of breast cancer and thrombo-embolic disease.
Shortly before the expiry of the limitation period Melissa instructed Paul McNeil on a claim for medical negligence arising out of the removal of her ovaries during a hysterectomy procedure at Guy’s Hospital.
The Health Authority denied liability on the grounds that informed consent had been given and that, in any event, the histology following the surgery noted that both ovaries were enlarged and had several cystic follicles.
At the trial in April 1999, our expert evidence indicated that no responsible surgeon would have removed ovaries in a woman aged 38 in the absence of ovarian disease or ovarian cancer.
Following the evidence given by the witnesses it became clear that removal of the ovaries had been negligent and was against the hospital’s own protocol.
Surprisingly, there are few cases reported in relation to this type of claim.
Negotiations took place between the parties and the case was settled in the sum of £35,000. A significant proportion of the settlement was for general damages.
- You can speak to any member of our Medical Negligence team on freephone 0800 358 3848
- e-Mail us at email@example.com or,
- Complete our short enquiry form.
Contact us on freephone 0800 358 3848
Or start your claim online.
Fieldfisher is: ‘a firm full of the highest quality lawyers in the field' and has an 'outstanding depth of expertise’ - Legal 500 2015, Awarded Top Tier
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher's Personal Injury and Medical Negligence solicitors are proudly listed as 'Super Lawyers' in both on-line and off-line printed publishings.
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Fieldfisher are signatories of the Ethical Marketing Charter demonstrating our commitment to responsible, transparent and professional marketing.
Mark Bowman explains why Fieldfisher decided to sponsor paratriathlete Andy Lewis – a move that was vital to fund his Paralympic Gold win
Jill Greenfield's case of a Chauffeur who sued a haulage company after a passing HGV left him ‘an inch from death’ was reported in the Standard
Commenting in the Times this week, Caron Heyes called for the law to have more power to claim compensation for clients let down by fertility clinics.
The tragic accident on board the Harmony of the Seas needs specialist maritime legal advice to provide answers