We pursued an obstetrics
negligence claim for Catherine who suffered a ruptured wound
following a Caesarean section. Surgery to repair the rupture was
unsuccessful and Catherine was left with a disabling right side
herniation. A plastic surgeon should have been in attendance during
the surgeon as this was a risk that wa previously identified. The
hospital admitted negligence and Catherine accepted £285,000
compensation.
Catherine was injured in a car accident in Turkey on 9 June
1997. At the time she was eighteen weeks pregnant. She
suffered multiple injuries including head, cervical and a seat belt
injury across the abdomen. But luckily the fetus was
unharmed.
Catherine was transferred to The Royal London Hospital where her
spinal and neurological injuries were treated.
Catherine was also seen by the
obstetricians who were worried about her abdominal wound. The
plastic surgeons were asked to advise as to what should be done at
the Caesarean section in relation to the abdominal wound.
The consultant plastic surgeon wrote
in the notes “if elective lower segment caesarean section then
we will attend. If in emergency then do what is necessary and we
will revise electively”.
An elective section was carried out on
the 3 October 1997 but no plastic surgeon was asked to attend. The
obstetrician made a repair to the abdominal wound.
Unsurprisingly, the abdominal wound
became infected post-operatively. It broke down and ruptured.
It was not until the 12 October that she was seen by a plastic
surgeon but it was too late.
Surgery to repair the defect was
unsuccessful on two occasions and Catherine developed an extensive
and disabling right sided herniation at the site of the defect and
reconstruction.
Further surgery may be necessary but
this was regarded as extremely difficult.
Catherine instructed Paul McNeil to pursue an obstetrics negligence claim.
We issued proceedings on behalf of
Catherine for the failure of the obstetrician to arrange for a
plastic surgeon to be present at the caesarean section and further
for no plastic surgery follow-up for nine days following
surgery.
Liability was denied and the matter
had proceeded to trial with a date fixed for April 2002.
The defendants initially paid £50,000
into court but after settlement negotiations Catherine accepted
took £285,000 in damages, which included general damages of about
£40,000. Catherine's legal costs were also covered by the
defendants.
For further information or if you have
an obstetrics negligence 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.