Damages recovered for substandard incontinence and prolapse surgery

Jenny Hawkes, specialist clinical negligence lawyer acting for the claimant, successfully obtained a settlement of £325,000 to compensate the claimant for pain and suffering and past and future losses including the cost of future treatment.

The claimant was seen as an NHS patient at the Benenden Hospital by gynaecologist Mr Auld. She was suffering with pelvic discomfort, urinary frequency and a dragging sensation low down.

The claimant was examined by the defendant and following urodynamic studies was advised to undergo a TVT-A procedure being insertion of a tension free vaginal tape and further raised the possibility of performing a sacrospinous hysteropexy at the same time.

Following the surgery, the claimant still had urinary frequency, now accompanied by urgency, leaking and nocturia.  She developed chronic pelvic pain.

A claim was brought against the private surgeon as the claimant should have been offered pelvic physiotherapy, which on balance, would have resolved her symptoms without surgery.

The claimant was not adequately warned of the risks of this procedure nor was she advised of any other treatment options. The TVT-A was known to exacerbate overactive bladder symptoms and was not appropriate. She was not adequately consented in relation to prolapse surgery and a number of non-surgical alternatives were available which did not carry the risk of permanent pelvic pain.

A settlement was achieved for damages to compensate the claimant for her pain, suffering and losses including the cost of future treatment in the sum of £325,000.

Jenny Hawkes specialises in clinical negligence cases. If you would like to ask Jenny a question about a potential case, or if you have a general query about any personal injury, contact Jenny at Thomson Snell & Passmore solicitors on 01892 701374 in confidence. We offer no win no fee agreements on the vast majority of our clinical negligence and personal injury cases.