The Claimant was diagnosed with stress incontinence and thereafter, was advised to undergo TVTO (Tension-Free Vaginal Tape Obturator). No alternative treatments were offered to the Claimant, and in the meantime she was not informed of the risk of ongoing and/or permanent pain.
The Claimant subsequently underwent the operative procedure on the 18 January 2016.
Following the procedure, the Claimant suffered and continues to suffer from severe groin and vaginal pain, as well as a dragging feeling. Treatment for the same included steroid injections and resection of part of the tape. Despite this treatment, the Claimant continued to suffer from the pain in her groin and vagina.
The Claimant argued had she been warned of the risk of chronic and permanent pain, she would have not undergone the TVTO procedure. Expert evidence in the meantime concluded the consent process was inadequate.
The Defendant denied liability, however made an offer of £10,000.00, in full and final settlement of the claim. The claim subsequently settled for double the Defendant’s open offer of settlement, at £20,000.00 in full and final settlement.
The Claimant underwent a planned surgical repair of an abdominal hernia, which had been causing him pain. Unknown to the Claimant, during the procedure, only one hernia defect was repaired despite their being two.
Soon after the operation, the Claimant’s abdominal pain returned and worsened over time. Thereafter, a lump returned in the Claimant’s stomach. A referral was made by the Claimant’s GP Practice ahead of the Claimant undergoing a further hernia repair.
Expert evidence was obtained ahead of sending a Letter of Claim to the Defendant, alleging the first surgery was not performed to an appropriate standard, meaning the Claimant underwent an avoidable second operative procedure.
The claim was admitted in part. The Defendant thereafter made an opening offer of settlement at £7,500.00 in full and final settlement of the claim. After negotiations, the claim settled at £11,250.00 in full and final settlement of the claim.
Medical Negligence Team: Case Studies Showcase – Oakwood Solicitors Ltd
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Meet the author
Kathryn Stitt is a Trainee Solicitor in the Medical Negligence Department, having commenced her training contract at Oakwood Solicitors in September 2021. Kathryn was previously a Paralegal in the M…
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