Gynaecology

Bladder Injury from Hysterectomy

We have recovered £70,000 for a client who suffered bladder injury at the time of a hysterectomy at Eastbourne District General Hospital.

Failure to diagnose ovarian cyst causing miscarriage

Our client attended hospital with severe abdominal pain when she was 20 weeks pregnant. As a result of a negligent failure to properly investigate the cause of her pain by way of ultrasound scan an ovarian cyst went undiagnosed for four days. As a result of the delay in diagnosis and subsequent surgical intervention our client’s right fallopian tube and ovary had to be removed. She also had to undergo a much more complicated surgical procedure than would otherwise have been the case and the extent of bleeding sustained during surgery led to a miscarriage on the following morning.

Negligence in respect of the four day delay in diagnosis was eventually admitted. Investigations carried out during the course of the claim confirmed that our client’s remaining fallopian tube was unobstructed and that it would be possible for her to naturally conceive in the future. Expert evidence confirmed that our client had suffered a significant psychiatric disorder over and above an ordinary grief reaction. A settlement of £24,500 was agreed.

Damage to ureter during hysterectomy

Our client underwent a radical hysterectomy following a diagnosis of cervical cancer. During the hysterectomy she sustained damage to one of her ureters and it was alleged that this damage was as a result of negligence during surgery. It was further alleged that there was negligence in her subsequent urological treatment in that a stent was inserted (and later replaced) into the ureter when this was not necessary; that the stent was retained in the ureter for an inappropriate length of time; and our client developed repeated infections as a result.

Further negligence was alleged in respect of a failure to screen for infection prior to various procedures to change the ureteric stent. On one occasion, as a result of the failure to screen for infection, our client suffered a life threatening septicaemia for which she required prolonged treatment in Intensive Care.

As a result of the alleged negligence our client suffered unnecessary physical injury which had more or less settled at the time of settlement and psychological injury. Following the issue of proceedings an out of court settlement was agreed in the sum of £57,500.

Negligent performance of hysterectomy

Our client pursued a claim for the negligent failure to completely remove her cervix during a total abdominal hysterectomy. As a result of the negligence she had to undergo emergency removal of the cervix, after which she suffered significant complications requiring further extensive surgery. The complications of surgery endangered our client’s life and, in addition to the physical injury, our client suffered post traumatic stress disorder and depression. She was unable to return to work and required treatment for her psychiatric symptoms.

Agreed settlement: £54,523

Failure to diagnose ovarian cysts

Our client pursued a claim in relation to a 13-month delay in diagnosis of ovarian cysts which occurred despite various ultrasound scans having been undertaken. Our client’s condition was misdiagnosed as a bladder problem and she had to undergo painful and distressing intermittent catheterisation. The surgery that she eventually required following diagnosis would have been required even if a timely diagnosis had been made.

Agreed settlement: £6,000