£32,500 recovered for negligently performed endometrial ablation leading to a hysterectomy

6th July 2023 – Our client, a mother of two in her forties, underwent an endometrial ablation on 29.07.2020 by way of treatment for ongoing, debilitating menorrhagia.

During the procedure performed at the William Harvey Hospital Ashford the operating surgeon perforated the anterior wall of our client’s uterus following which the procedure had to be abandoned.

Our client suffered with agonising pain and heavy bleeding following the procedure.She was informed she had two options; either to attempt another ablation or undergo a laparoscopic hysterectomy. As she had previously been informed she could not have a repeat ablation by her former treating doctors she felt she had no choice but to opt for a hysterectomy.

She therefore underwent a total laparoscopic hysterectomy bilateral salpingectomy with conservation of her ovaries on 16.10.2021 following which her pain and bleeding resolved.

Our client suffered an exacerbation of her existing psychiatric health concerns as a consequence of the negligence.

Expert evidence was obtained from a Consultant Gynaecologist who confirmed that the endometrial ablation had been performed negligently.

A Letter of Claim was sent and in response the Defendant made a full admission. It was accepted that during the insertion of Hegar Dilators the uterus it was perforated which would not have happened had the procedure been performed to a reasonable standard.

Our client was then assessed by a psychiatric expert, before settlement negotiations took place.

The Defendant made an offer of £20,000, we made a high point counter offer of £45,000 and following a telephone negotiation settlement was achieved at £32,500.

Francesca Beach who had conduct of the matter commented:
‘I am extremely glad that the Defendant Trust took a sensible line in this case, accepting liability early and offering an apology to my client. As with most clients it was very important to my client that the Trust accept their failings in her care and I am grateful that this case was not unnecessarily prolonged in that regard. I wish my client and her family all the very best for their future’.

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