Our client had been suffering from long-term menorrhagia. She was advised by her consultant gynaecologist to undergo an endometrial ablation procedure, a technique by which a source of heat is used to destroy some of the lining of the uterus. However, although our client gave her consent for an ablation procedure, it was not made clear to her that a microwave heat source was to be used. Unfortunately, the surgeon perforated the rear of the uterus with the microwave device so that heat energy damaged our client’s bowel.
Shortly after the operation our client suffered from acute peritonitis because of infection of the bowel injury. She was readmitted for an emergency operation and a colostomy. The colostomy was later reversed and a hysterectomy performed. Our client was then told that a kidney had failed and that it would need to be removed.
Our client’s case was that the damage to the bowel, kidney and the need for the hysterectomy all stemmed from the surgeon’s failure to use the microwave probe competently. When the case was put to it, the NHS Trust concerned promptly admitted liability for causing the damage to the bowel but not for the kidney damage and the hysterecromy. Nevertheless, after a period of negotiation, a settlement figure was agreed that we believe took into account our client’s case for all her injuries.
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Henry Dyson on 020 7650 1200.
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