Claire McDaid recently negotiated an out of court settlement for Ms X who sustained serious injuries following gynaecological surgery in June 2008.
Ms X was admitted to a hospital in Northern Ireland to have a Novasure ablation to help reduce heavy menstruation. Ms X was discharged home the following day but approximately 3 weeks later Ms X was re-admitted to hospital suffering from bleeding and a high level of pain. A CT scan was performed which showed free air in the abdomen, indicative of a perforation in the colon. Ms X underwent emergency surgery and a stoma created. She remained in hospital for a number of days before returning home, and has lived with a stoma since then. Reversal was and is a possibility but such was the level of trauma and distress suffered by Ms X throughout this period, that she is unable for a psychiatric perspective, to consider a further surgical procedure.
We received instructions from Ms X in June 2011 and on receipt of the notes and records secured liability evidence from a Consultant Obstetrician and Gynaecologist who concluded that Ms X was not a suitable candidate for the Novasure procedure. She was susceptible to adhesions by reason of her previous gynaecological history and previous surgeries and this would have increased the likelihood of damage to the colon or uterus being caused when the heat of the Novasure treatment was applied. As such she was a ‘high risk’ patient and other treatments should have been considered.
Further evidence was obtained from a Consultant Surgeon who established a causative link between the use of the Novasure equipment and the injury sustained by Ms X. High Court proceedings were issued accordingly.
We secured quantum reports from a General Surgeon who assessed the extent of the physical injury suffered by Ms X as well as reports from a Consultant Psychiatrist and Consultant Plastic Surgeon who also assessed Ms X and her injuries.
The case was listed for hearing in April 2015 and a joint meeting of the legal representatives took place prior to the Easter vacation. Following extensive discussions between Counsel for both parties, damages were agreed to reflect the level of pain and injury suffered by Ms X, taking on board the fact that the colostomy will not be reversed.
Worthingtons Solicitors have a team of Solicitors with extensive experience in handling medical negligence cases involving all aspects of medical care. If you believe that a hospital or doctor may have been negligent in providing advice or medical treatment to you which has resulted in injury, we will gladly provide advice on all aspects of medical negligence claims in Northern Ireland.
Contact Claire McDaid at our Belfast office on (90434015) or Nikki McConnell at our Newtownards office on (91811538) for advice and guidance on this process”.