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 our medical negligence lawyers on freephone 0800 358 3848
- e-Mail us at email@example.com
- 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
Fieldfisher boosts its leading medical negligence team with partner Jenny Urwin joining in March
Leading medical negligence lawyers Fieldfisher has hired Jenny Urwin, Slater and Gordon Lawyers' Manchester head of clinical negligence.
A Face in the Crowd: Maxillofacial Trauma Conference
Fieldfisher is pleased to be running a conference in London on the 15th March 2018 to discuss different aspects of maxillofacial injuries.
Medical Negligence and Personal Injury Teams top the Legal 500 rankings
Fieldfisher's Personal Injury and Medical Negligence teams have been listed tier 1 in the Legal 500 rankings.
Arti Shah highlights Cervical Screening Awareness Week with a device that could make testing more comfortable
Scientists at Duke University, North Carolina have developed a new device that will hopefully make smear tests less uncomfortable for women, cheaper and more readily available.