Julia had fibroids which were causing her significant pain and preventing her becoming pregnant. She was investigated by a consultant gynaecologist who decided to remove the fibroids hysteroscopically (i.e. by avoiding opening the abdomen).
On 18 October 2001 she was admitted for the surgery. Towards the end of the procedure, when much of the fibroid had been removed, the surgeon perforated the uterine wall causing a 2-3cm hole.
In addition, the rescetoscope damaged the blood vessel supplying the rectum and Julia lost six litres of blood. Moreover, a laparotomy was needed to stop the bleeding and she needed a colostomy.
As a result of the procedure Julia suffered chronic pain and difficulties in returning to work as a travel consultant. She is also infertile.
We claimed that the perforation of the uterus, the vascular and bowel injuries were caused by negligence.
It was alleged that the fibroids were too large to be removed without open surgery. Moreover, when the surgeon had removed 80% of the fibroid he should have stopped the operation because the risk of uterine rupture was too high.
Julia had to undergo numerous procedures as a result of the damage (including reversal of the colostomy) and she was effectively infertile.
Paul McNeil issued proceedings on Julia's behalf. The hospital strenuously denied liability.
We obtained strong expert evidence in support of the case and the matter was fixed for trial for February 2006.
Eventually, after exchange of expert evidence, the defendants admitted liability and apologised for the mistake of the treating gynaecologist.
The case was settled for £300,000 plus costs. The case was conducted on a “no win no fee” basis.
- 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.
"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 has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Charities we support
The law must not force claimants to gamble crucial compensation
Parliament has been asked to consider changing the very practical system operated by the Lord Chancellor to say how lump sum compensation should be calculated.
Government must rebuild women's faith in maternity care
Years of underfunding of maternity care in the UK has resulted in a critical lack of faith in their safety, says Arti Shah.
Care home funding crisis threatens us all
A report in the Times today that one in six care homes is in danger of insolvency should set alarm bells ringing for all of us.
Partner Jane Weakley and team complete the London Prudential Ride 100
Jane Weakley, Partner within Fieldfisher's Personal Injury and Medical Negligence practice, has completed the Prudential RideLondon-Surrey 100 helping to raise over £3000 for the Bobath Centre.
Fieldfisher hosts successful conference for practitioners working with people suffering catastrophic neurological injury