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Web address: http://personalinjury.ffw.com//client-cases/2008/nov/award-for-damaged-hysterectomy.aspx

Teacher awarded damages after post operative negligence at Homerton Hospital

Gladys had a history of numerous gynaecological operations. In June 2005, she was referred to the Homerton Hospital because of pain at intercourse and painful periods.

An ultrasound scan was performed which revealed multiple fibroids and it was agreed that Gladys required a subtotal hysterectomy and right salpingo-oophorectomy. Gladys underwent surgery on 21 September 2005.

Post operatively she was monitored and was allowed to go home on 24 September 2005. On the morning of 25 September 2005 Gladys developed sudden severe abdominal pain and was re-admitted by ambulance to the Homerton Hospital.

On arrival she was examined and was noted to be shivering uncontrollably and cold to touch. Examination of her abdomen revealed guarding and rebound tenderness, suggestive of peritonitis, however a diagnosis of infection was made instead. 

Gladys was given antibiotics and sporadically monitored, until 21:30, when a chest x-ray was performed. The x-ray showed gas under the diaphragm, indicating a perforated bowel.

In spite of this, no surgical opinion was sought, and Gladys continued to receive further antibiotics. It was not until a colo-rectal surgeon was called, at 23:15, that a diagnosis of a perforated sigmoid colon was made, and an urgent laparotomy, sigmoid colectomy and primary anastomosis loop ileostomy were performed.

Gladys' recovery was lengthy and complicated, and she remained in ICU until 09 October 2005 and was not finally discharged until 16 November 2005. She was initially unable to return to work as a teacher until June 2006.

Mark Bowman received instructions to act for Gladys in March 2006 with the benefit of legal aid. Expert opinion was sought from a Consultant Gynaecologist and a Consultant Colo-Rectal Surgeon and a Letter of Claim was served on the Defendant alleging that there had been a negligent delay in treating Gladys following her re-admission to hospital on 25 September 2005.

It was argued that but for the delay, Gladys length of admission to the ITU department, her post operative symptoms including continuing sepsis requiring a Vacupac, and her period of convalescence, would all have been significantly reduced.

Following protracted negotiations with the Defendants, Gladys received the sum of £7,500 in settlement of her claim. She did not pay any legal fees. 

At the conclusion of the case Gladys wrote:

"From the very first time I came to see you you have constantly remained reliable, supportive, honest and always prompt in your actions. I must admit, like other people probably, that I really was expecting my first dealings with a solicitor to be a struggle and battle to get things done.

"You dispelled all those doubts. You did everything you said you would quickly and efficiently and always with humour, patience and politeness. You made this journey as pain free as possible and I want you to know how much I really appreciate that. I hope I never have need of legal assistance again but if I do I know where to come"

For further information or if you have a accident and emergency negligence claim please call Mark Bowman 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.