On 12 November 1998, Jane, a qualified nurse, underwent a vaginal hysterectomy and pelvic floor repair following a history of menorrhagia and urinary problems.
During surgery, access to the wound was found to be “extremely difficult” (the vagina was noted to be “long and narrow”) and as a result an episiotomy was carried out.
Post operatively, Jane complained of abdominal pain left loin pain and pain on passing urine. Jane underwent a laparotomy.
This identified that a suture had been placed in or near Jane's left ureter during the original procedure and was causing a blockage. The suture was removed, the left ureter divided and re-implanted in the bladder.
County Court proceedings were issued in October 2001 by other solicitors. Liability was denied and the defendants made a subsequent payment of £10,000 into Court.
The defendant contended that a claim for ongoing lost earnings was precluded by a history of urinary incontinence.
The claim was referred to us who took over in July 2002. Following further investigations, the action was transferred to the High Court and amended to include a claim for psychiatric injury.
The case was set down for trial in May 2003 and fixed for trial on 1 March 2004. After exchange of witness statements, witness summons’ were served on three of the hospital’s doctors involved in the surgery/follow up, their evidence being potentially favourable.
A new expert gynaecologist was instructed. He was not only critical of the initial decision to attempt to perform the hysterectomy vaginally (rather than abdominally because of the size of the uterus) but also the subsequent decision to proceed with the vaginal hysterectomy once the surgeon had established that access was difficult and the vagina was “long and narrow”.
In January 2004, the defendant made a Part 36 Offer of £95,000 including repayable CRU of £30,000.
Following further negotiations and a round table meeting with counsel, the claim was settled at £180,000. The case was funded by a legal expenses policy.
- You can speak to our medical negligence solicitors on freephone 0800 358 3848
- e-Mail us at firstname.lastname@example.org
- Complete our short enquiry form
All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee.
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"
Charities we support
Personal injury team celebrates social hub for amputees and their families
Fieldfisher hosted the first informal central London meeting hub organised for amputees and their families in association with the Limbless Association (LA)
Further criticism of sub-standard care at Basildon Hospital following death of new-born
At the inquest into the death of a baby boy at Basildon Hospital last year, the coroner concluded that serious failings by staff contributed to the baby's death at one day old.
Jane Weakley welcomes CYRIL technology to test new-borns at risk of cerebral palsy
Researchers at University College London (UCL) have developed a non-invasive monitoring system, small enough to take into neonatal intensive care units, which shines infrared light into new-born babies' brains to detect possible brain damage within a few hours of birth.
Claire Horton comments on Countess of Chester hospital nurse arrest
Claire Horton comments on the distressing case of Lucy Letby, the nurse accused of murdering and attempting to murder babies and infants in the neo-natal unit of the Countess of Chester hospital between 2015 and 2016.
Simple scan to identify breech babies supported by partner Jane Weakley and senior midwife Charlene Francois
Proposals for coroners to investigate late-term stillbirths would provide relief to grieving families