We recovered £90,000 for Laura in an accident and emergency negligence claim. Laura's
ovaries and fallopian tubes were damaged because of a failure to
diagnose a burst appendix. As a result Laura was left
infertile.
While at work in March 1998, Laura began to feel sick with
stomach and lower abdominal pains. She went home but she
developed a temperature, began to vomit and have diarrhea.
She saw her GP the following day and attended the A&E
department of her local hospital with severe abdominal pain. She
saw a senior house officer (SHO) and Laura asked if was possible
that she had appendicitis.
The SHO agreed that this was one possibility and called the
senior registrar (SR) who did not see her for some
considerable time. The SR then carried out a brief examination and
indicated that Laura had an infection of her fallopian tubes. He
prescribed antibiotics and then discharged Laura.
Laura returned to the hospital early the following morning
having been continuously vomiting, suffering from a high
temperature and having increased abdominal pains. She was seen
by a number of junior doctors, but appendicitis was not
diagnosed until she was seen by the consultant surgeon in the late
afternoon. He immediately took Laura to theatre where a perforated
appendix was discovered and removed.
It took a long time for Laura to recover and when she
was being discharged the consultant indicated that the
burst appendix may have affected her fertility.
Laura continued to have episodes of infections and abdominal
pain, which required hospital admissions.
Laura tried to conceive without success. An exploratory
operation in January 2001 confirmed that both ovaries and fallopian
tubes were blocked and needed removal. As a result, Laura is now
infertile without the possibility of IVF treatment as her ovaries
have been removed.
Laura instructed Paul McNeil to
investigate an accident and emergency
negligence claim.
Our medical experts confirmed that there had been a delay
in diagnosis of appendicitis. Earlier treatment would have avoided
significant infection and on balance of probabilities it is likely
that Laura would not have become infertile.
Proceedings were issued in March 2001. The defendants initially
admitted breach of duty, but not causation and offered a
settlement in the sum of £10,000. We felt that this offer was too
low.
Expert evidence was exchanged and the matter was fixed for trial
for mid 2002.
After negotiations the defendants offered £90,000 damages. Laura
was happy to accept this sum and the other side also paid all her
legal costs.
For further information or if you have an accident and emergency negligence claim, call
Paul McNeil on 020 7861
4019 or email paul.mcneil@ffw.com
You can discuss your accident and emergency
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.