£60,000 in damages for botched C section repair

Our client, a lady from Chatham, was admitted to the Medway Maritime Hospital in Gillingham in February 2011 to give birth to her second child.

During labour there were signs of foetal distress and the natural delivery was converted to delivery by Caesarean section.

The operating obstetric surgeon delivered baby successfully but, in doing so, an extended excision was made, (non-negligently), which needed to be repaired by a senior consultant.

During the course of performing the repair the consultant placed a stitch around our client’s left ureter. It was alleged that this was negligent and that, further, the surgeon should have checked the area and procedure carefully before closing up.

Our client was transferred to the labour ward and discharged home within a couple of days.

A few days later she became profoundly unwell and had to be readmitted to hospital on an emergency basis, via ambulance, and taken to the high dependency unit. She suffered with pneumonia and bilateral pleural effusions and was severely unwell.

Investigations ultimately revealed the occluded ureter which had to be repaired through open surgery and stenting.

Our client remained unwell for a considerable period and, beyond this, has been left with urological, gastro intestinal and psychological injuries. She has pelvic adhesions and has had to undergo further surgery for a small bowel obstruction.

The case was investigated with the assistance of experts from the fields of obstetrics, colorectal surgery and psychiatry, following which a detailed letter of claim was sent, pre-issue, under the pre-action protocol, which was met with a full and detailed denial of liability by the defendant trust.

Legal proceedings followed and reached the advanced stage of experts’ discussions before ultimately being settled in the sum of £60,000.

Kate Virica, who had conduct of the case on behalf of our client, commented:–

“This was a technically challenging case, involving overlapping disciplines, which was fully contested throughout and only settled at a late stage. We were always confident in our case which confidence was born out by the ultimate outcome which involved recovery of damages at the full value that we placed on the claim. We maintain that this was a mistake that never should have happened. It has caused great suffering to our client and I pay tribute to the courage and determination she has shown in pursuing these proceedings.

Our client commented:-

“Fairweathers stood by me through the whole ordeal and supported me when I needed it the most. I wasn’t myself and found it physically and psychologically hard to cope with what happened to me, I still do. But Fairweathers made the legal case easier to get through as I knew I had their shoulder to lean on and expertise and experience behind me. I thank their whole team for helping me come to an acceptable case outcome. I would highly recommend them.”