Since the birth of her second child by ventouse delivery (vacuum extractor) in 1989, Ms C had suffered chronic and debilitating pelvic/abdominal pain. Several ultrasound scans showed cysts on her left ovary, but nothing was done until a cyst was removed by laparotomy and Ms C was sterilised in 1997.
Pelvic pain continues following cyst removal
Unfortunately, Ms C’s pain continued and further scans and procedures were carried out, each time showing no abnormalities and no cause for the pain. However, in 2004, it was erroneously noted during a laparoscopy, that her left ovary had been removed. At that time, it was concluded that no gynaecological intervention would help and no possible procedures to alleviate the pain were discussed with Ms C.
Suffering resolved by QMC
Over the next ten years, Ms C continued to suffer pain and to seek medical treatment, including a further ultrasound scan that found “no cause for pelvic pain” and an unsuccessful trial of the painkiller, amitriptyline. Ms C was eventually referred to a consultant gynaecologist at Queens Medical Centre in Nottingham. A further laparoscopy there found that Ms C’s left fallopian tube and ovary were “very adherent to the left pelvic sidewall”. The gynaecologist suggested a procedure that might alleviate the pain and that should probably have been carried out earlier. Total abdominal hysterectomy and bilateral salpingo-oophorectomy (TAH and BSO) – (a total hysterectomy that also includes removal of the ovaries and fallopian tubes) were carried out in 2015, since when Ms C has not suffered from abdominal pain.
Carol makes medical negligence claim against hospital trust
Believing that she had received negligent treatment from the hospital and its staff and that she might be eligible for compensation, Ms C contacted Graysons who approached the University Hospital of Derby and Burton NHS Foundation Trust claiming that Ms C’s continued pain and discomfort had been caused by its own negligence. It had failed to remove the initial cyst until 1997, even though hospital clinicians had been aware of its presence since 1992, and it had failed to initiate and/or discuss any adequate treatment for the continuing pain, which could have been alleviated much earlier by performing the TAH and BSO.
The hospital trust did not admit liability for the negligence and so Graysons issued court proceedings. The trust continued to defend the claim. The parties were ordered to serve their witness statements; however, the trust requested an extension to which Ms C agreed. The trust requested a further two further extensions which, as two previous extensions had already been granted, were refused by Ms C. She had complied with the court’s order. The trust subsequently made an offer to settle the case for £50,000 before serving its witness statement. Carol advised Ms C that the amount offered by the defendant did not properly represent her injuries and advised that she make a counter offer of £62,500. Carol continued to enter into negotiations with the trust and agreed a figure of £60,000, which was acceptable to Ms C.
Client thanks Carol for her help
Ms C was grateful for the service received and thanked Graysons for
“helping me with my case” which had been a “long road but is now all finished”. “Thank you all. Five-star service. Well done”.
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