We pursued an obstetrics
negligence claim for Melissa who's ovaries were removed
unnecessarily causing early menopause. Paul McNeil settled the
claim against Guy's Hospital
for £35,000.
Melissa had fibroids in her uterus that were causing pain in the
left side of her abdomen in January 1994. Her consultant advised a
total abdominal hysterectomy, but it was decided that they wouldn't
remove her ovaries as she was only 38 at the time.
Melissa was admitted to Guy's Hospital on 11 January 1995 for
the operation.
Before the operation a junior doctor indicated to Melissa that
it was the consultant’s policy to remove the ovaries in order to
protect against ovarian cancer.
At that time Melissa's father was suffering from cancer so she
signed the consent form. There was no further information given to
her about the consequences of having her ovaries removed.
Melissa underwent the operation and both her ovaries were
removed as part of the surgery.
It was subsequently established that the ovaries were completely
normal.
Melissa suffered psychological and physical effects from the
removal of her ovaries and in particular she required long
term hormone replacement therapy (HRT). She also
has an increased risk of breast cancer and thrombo-embolic
disease.
Shortly before the expiry of the limitation period Melissa
instructed Paul McNeil on a
claim for medical negligence arising out
of the removal of her ovaries during a hysterectomy procedure at
Guy’s Hospital.
The Health Authority denied liability on the
grounds that informed consent had been given and that, in any
event, the histology following the surgery noted that both ovaries
were enlarged and had several cystic follicles.
At the trial in April 1999, our expert
evidence indicated that no responsible surgeon would have removed
ovaries in a woman aged 38 in the absence of ovarian disease or
ovarian cancer.
Following the evidence given by the witnesses
it became clear that removal of the ovaries had been negligent and
was against the hospital’s own protocol.
Surprisingly, there are few cases reported in
relation to this type of claim.
Negotiations took place between the parties
and the case was settled in the sum of £35,000. A significant
proportion of the settlement was for general damages.
For further information or if you have
a obstetrics
negligence compensation claim, call Paul McNeil on
020 7861 4019 or email paul.mcneil@ffw.com.
You can discuss your obstetrics negligence claim with any
member of our medical negligence
team on freephone 0800 358 3848, email
personalinjury@ffw.com
or complete our short enquiry form.