In early 2001, after complaining of vaginal bleeding, Mrs S, a fit 71 year old, underwent a hysteroscopy to remove a uterine polyp. She had previously had a number of similar polyps successfully removed by D&C.
Mrs S was not informed of the results of the histological examination of the polyp and as her bleeding had settled she was discharged. She was well for the next 2 years when the bleeding started again. She was referred to a different gynaecologist who, on reading her medical records, discovered that the histology report from 2001, which had been overlooked until then, had shown abnormal changes, which should have led Mrs S to undergo a hysterectomy in 2001.
Mrs S was advised to undergo a total abdominal hysterectomy and bilateral salpingo-oophorectomy (removal of uterus, tubes and ovaries) because in the interim, she had developed Stage 1C endometrial cancer. She also required a 6-week course of radiotherapy.
The hospital acknowledged that an oversight had occurred and Mrs S received a personal apology from the original gynaecologist. Although on the balance of probabilities (i.e. more likely then not) Mrs S is now cured of the cancer, she suffers from chronic tiredness and a reduction in her immunity due mainly to the radiotherapy treatment which would not have been necessary had she had the surgery 2 years earlier. Mrs S has a small chance of relapse in the future which would not have been the case had a hysterectomy been performed in 2001, prior to the development of the cancer. As a result this would have been a suitable case in which to claim provisional damages (where a Claimant is permitted to reopen the case in the future in the event of a relapse). However Mrs S opted to settle her case on a “once and for all” basis and, following negotiation, her claim settled for £19,000.
JMW Medical Negligence Solicitors offer free initial advice on clinical and medical negligence claims, evaluating whether you have a case. We are able to deal with cases using public funding (formerly Legal Aid) or No Win No Fee in appropriate cases.
For an assessment of your potential claim, please click here to complete our online enquiry form and one of our specialists will contact you shortly or please contact us on 0845 402 0001.
