£12,000 recovered for unnecessary surgery which resulted in pain and difficulty urinating
Mrs H was treated for a cystocele from approximately October 2008 at St George's Hospital, Tooting. She required a laser excision of a urethral prolapse on 10 February 2009, an operation to repair the cystocele on 7 July 2010, a third operation following the failure of the graft on 15 June 2011 and, finally, a fourth operation at King's College Hospital.
Following the third operation on 15 June 2011, Mrs H suffered intense pain, discomfort and urinary problems. She was informed that the surgeon had inserted a transobturater tape ("TOT"), a procedure which she knew nothing about and had not consented to. As a result of the operation she required significant time off work, was unable to sit or stand for any length of time, suffered pain and constant pressure inside her vagina and in her right buttock and had difficulty urinating.
Mrs H received inadequate responses to her concerns from the original surgeon and she sought a second opinion from surgeons at King's College Hospital. She underwent a fourth operation on 3 January 2012 during which a 2 cm piece of the tape was removed and the graft was repaired. She felt immediate relief from the symptoms. However she continues to suffer from residual pain and a feeling of pressure. She is also very distressed by the aesthetic results of the numerous procedures she has undergone and she has suffered psychiatrically as a result.
Mrs H instructed Jonathan Zimmern to investigate her claim. Jonathan instructed a Consultant Gynaecologist and Obstetrician to comment on the care that had been provided to Mrs H. The expert confirmed that that a TOT had been unnecessary given Mrs H's symptoms symptoms and the clinical findings at the time, and that in any event Mr H had not been given appropriate information in relation to the procedure.
Jonathan wrote a Letter of Claim to the Trust in November 2013 whilst also including an offer to settle the claim. Following tough negotiations with the Trust, Jonathan was able to secure £12,000 for Mrs H in June 2014.
Mrs H had this to say after her case concluded:
"I have been trying for months now to find a way to express my gratitude to you, for all your efforts that led to my claim being successful. I feel like I never thanked you properly at the time but I was stunned as I never really thought I would actually win.
It was such a traumatic event but Jonathan was so discrete and encouraging and I never once felt uncomfortable sharing intimate information with him. I felt supported through the whole process and appreciated his professional but sympathetic approach. I can't thank him enough for the positive outcome."
Contact us
For further information about surgery negligence claims and clinical negligence claims, please call Jonathan Zimmern on 03304606779 or email jonathan.zimmern@fieldfisher.com.
Alternatively
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