Our client Lisa underwent a total abdominal hysterectomy at Kingsbridge Private Hospital in Belfast in 2013. After her procedure, Lisa was in a great deal of pain and discomfort and although she brought this to the attention of the medical and nursing staff, her concerns were dismissed and she was discharged home after a few days.
Lisa experienced ongoing pain
Lisa continued to experience significant pain over the following days and decided to attend her local Out of Hours service and A&E, but again she was discharged with no further treatment. Following a further attendance at A&E, it was discovered that Lisa had suffered an injury to her ureter, the duct by which urine passes from the kidney to the bladder, during her hysterectomy. Lisa was then transferred to Belfast City Hospital for further treatment and had to undergo a further procedure to insert a plastic tube. This meant that she also had to attend further follow-up appointments over a prolonged period of time.
As a result of this, Lisa required additional care and assistance from her family and was also forced to take extended sick leave from her employment, losing out on earnings in the process.
Lisa decided to claim for medical negligence
Lisa contacted Paschal O’Hare Solicitors with a view to pursue a claim. Claire Hunt, a medical negligence specialist, commissioned a medical report from a Consultant Gynaecologist who confirmed that although damage to the ureter would have been a recognised risk of this surgery, there had been a negligent failure to take appropriate surgical precautions. It was also noted that the ureters had not been checked for potential damage during the surgery and treatment then given whilst Lisa was still in theatre.
The expert was critical of the surgeon’s failure to obtain Lisa’s fully informed consent to the hysterectomy as she had not been specifically pre-warned of the potential risk of ureteric injury.
High Court Proceedings
We issued High Court proceedings to protect Lisa’s legal position and further evidence was obtained from an independent Consultant Urologist. This expert confirmed that the injury which Lisa suffered could only have arisen in the course of her hysterectomy and that it would have caused her a great deal of pain and suffering. Fortunately he also concluded that Lisa had suffered no permanent injuries as a result of the negligent care she had received.
Claire Hunt settles her client’s case
The matter was subsequently listed for Trial and in the months before the Trial date, negotiations took place between the parties and the claim ultimately settled in the sum of £40,000.
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