Securing compensation after incomplete advice given to the patient before she underwent a hysterectomy

Juanita Cumberland, specialist clinical negligence lawyer successfully obtained a £46,000 settlement for the claimant who suffered injury following a total laparoscopic hysterectomy with bilateral salpingo-oopherectomy at the BMI Goring Hall Hospital, Worthing.

The claimant, aged 50, consulted a gynaecologist  over symptoms of pelvic pain, pain during intercourse and bleeding from the vagina.

The gynaecologist did not carry out a vaginal examination or adequately assess the claimant.  She did not advise the claimant that as the claimant was 50 years old, perimenopausal and using HRT, her symptoms of pelvic pain and abnormal vaginal bleeding were likely to resolve spontaneously post menopause without surgery.  Instead, the claimant was incorrectly advised that her symptoms were likely to continue even after the menopause unless she opted for surgery. Had the claimant been given the correct advice she would have opted not to have the hysterectomy and to let nature take its course.

The claimant did not provide her informed consent to the hysterectomy nor was there an adequate assessment of her presentation prior to surgical options being discussed. The Claimant suffered a vault prolapse resulting in further otherwise avoidable surgeries, including a sacrospinous fixation

After commencing court proceedings, the defendant continued to deny liability.

A settlement was reached after discussions between the parties.

Juanita Cumberland specialises in clinical negligence cases.  If you would like to ask Juanita a question about a potential case or if you have any general query about any personal injury, contact her at Thomson Snell and Passmore on 01892 701380 in confidence.  We offer no win no fee agreements on the vast majority of our clinical negligence and personal injury cases.