£45,000 for Failing to Warn Patient about Risks of Vaginal Repair Surgery

2nd September 2019 – Our client, Mrs W, from Whitstable, was referred to Mr Etokowo, Consultant Gynaecologist as an NHS patient, using the Choose & Book system, and underwent surgery by him on the 22.01.14. at Spire St Saviours Hospital in Hythe, Kent involving a vaginal hysterectomy and removal of both ovaries as well as a repair for a vaginal prolapse.

Mr Etokowo failed:- (1) to list the corrective surgery on the consent form, (2) to advise of other surgical options and alternatives and (3) to advise of the risks of shortening, scarring and narrowing of the vagina which could lead to sexual intercourse being painful or impossible. He also failed to advise our client of the risk of recurrent prolapse.

Had Mr Etokowo explained in detail the risks of surgery to the Mrs W, she would not have undergone the vaginal repair.

As a consequence of the surgery, she ended up with a shortened and narrow vagina which caused pain during sexual intercourse, anxiety and depression. As well as requiring her to have corrective surgery which was not successful.

A Letter of Claim on behalf of the Claimant was sent to the Defendant.

In response, the Defendant denied the failure to precisely list the corrective surgery on the consent form but admitted all other allegations of negligence.

Expert evidence was obtained as to causation, condition and prognosis, from a Consultant Gynaecologist and from a Consultant Psychiatrist. A full schedule of loss was served.

The Defendant put forward an offer of £20,000 in settlement of the claim.

After lengthy negotiations, settlement was achieved in the sum of £45,000.

Kate Kennell, Senior Solicitor who has conduct of the claim said:
“This client had been through a lot medically and had the misfortune of not being advised in full of what could go wrong in a vaginal repair procedure. I am glad that we were able to bring matters to a successful conclusion and help my client to move on with life”

If you or a member of your family believes you have a claim then please do not hesitate to phone us free on 0800 999 5585, request a call back or submit your case details.