Failure to adequately treat

Advice and Assistance from Cohen Cramer

Failure to adequately treat. The Claimant bought a clinical negligence claim against the Defendant relating to medical care that she received over the course of a 5-month period. The Claimant had attended at her local hospital`s Gynaecology clinic with complaints of heavy bleeding, clotting and painful cramping.

The lack of treatment

The Defendant recommended that a laparoscopic-assisted vaginal hysterectomy would take place. Following the procedure, the Claimant suffered clinical deterioration which was not treated promptly nor adequately. As a result of the inadequate medical treatment, the Claimant underwent an inappropriate procedure. This resulted in post-operative bleeding, multiple blood transfusions, and further open surgery.

The Claimant was left with a painful abdominal scar and had additional ongoing symptoms of abdominal and pelvic pain, vaginal bleeding, problems with urinary incontinence, constipation and pain opening the bowels.

Pursuing the claim

Expert evidence was obtained from a Consultant Obstetrician and Gynaecologist and subsequently, court proceedings were issued. Additional expert evidence was obtained from a Consultant Psychiatrist.

At an early stage in the proceedings, the Defendant offered to settle the Claimant`s claim in the sum of £12,000.00, which was not acceptable to the Claimant on the basis that it was a wholly insufficient remedy for her pain and suffering.

The Court proceedings continued, and updated expert medical evidence was obtained. The updated Condition and Prognosis evidence and a Schedule of Loss were disclosed to the Defendant and consideration was given to steps and tactics in relation to settlement.

Settlement negotiations were entered into with the Defendant and agreement was eventually reached in the sum of £65,000.00.

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