August 19th, 2011
In September 2006 *Maria* underwent a hysterectomy at her local hospital in the North East. During the operation Maria’s right urethra was damaged but was not discovered until sometime after the operation when she began to feel unwell and suffer from right sided pain. It was not until some ten days later that a leak from the urethra as well as an obstruction was identified.
In September 2009 Maria contacted David Sears, a solicitor specialising in clinical negligence matters at Pryers Solicitors.
Investigations were undertaken and expert evidence was obtained from a Consultant Gynecological Surgeon and a Consultant Neurologist. Both were in agreement that although the damage that was caused to the urethra was noted as a potential complication on the Consent Form, Maria had a normal anatomy and the Surgeon would have had a good surgical field of vision during the operation.
The Defendant commenced investigations shortly prior to the Defence being due and an early settlement offer of £10,000 was made. Maria happily accepted the offer given that she did not have any ongoing problems as a result of the negligence.
Tags: Anatomy, Clinical Negligence, Consent Form, Consultant Neurologist, David Sears, Defendant, Early Settlement, Expert Evidence, Field Of Vision, Hysterectomy, Investigations, Local Hospital, Solicitor Specialising, Solicitors, Urethra
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February 18th, 2011
In January 2005 Jill went to her GP complaining of vaginal discharge and bleeding.
She was referred to hospital for investigations. At the hospital a number of investigations were carried out in April 2005, including a cervical smear test. The cervical smear was reported as normal. In fact the test was abnormal. It showed evidence of a severe cell change.
In November 2006 Jill returned to her GP complaining of heavy periods and inter-menstrual bleeding. She was referred to the hospital and was seen later that month. Following investigations by a specialist Jill was diagnosed with cervical cancer.
Jill underwent radiotherapy and chemotherapy in January and February 2007 and brachytherapy in February 2007. Jill then also started to suffer anxiety and depressive illness for which she was treated with medication and counselling.
It appeared that Jill was responding well to treatment and was referred back to the care of her original hospital.
However, in January 2008 Jill returned to her GP complaining of back pain and was referred to hospital for investigations. These investigations revealed that her cancer had returned, and spread to her lungs.
Jill underwent surgery on the lung during August 2008 and surgery by way of pelvic exoneration in October 2008, following which she required a permanent colostomy and had to self-catheterise.
Jill became unable to work and required a high level of care and assistance from her family.
Jill contacted Alex McKnight, a clinical negligence specialist at Pryers to investigate what had happened and help her with her future needs. Her case was funded by a ‘no win no fee’ agreement.
Our investigations showed that the cervical smear test done by the hospital in April 2005 had been reported wrongly and that had this been reported correctly Jill would have been treated by way of hysterectomy, and, on the balance of probabilities, would have led to a complete cure. We obtained expert evidence from a Consultant in Clinical Oncology
The Defendant admitted in June 2009 that they had breached their duty of care owed to Jill but did not admit that this breach of duty had led to Jill’s subsequent pain and additional treatment.
The Defendant eventually admitted that its breach of duty had caused Jill’s ongoing problems and offered an interim payment of £30,000 and asked for information to consider the full value of the claim, which we provided.
On the basis of this information the Defendant offered £235,000 to settle the claim in October 2010, which Jill was happy to accept.
The Defendant also paid all of Jill’s legal costs so she had nothing to pay throughout the case or at the end.
Tags: Anxiety, Back Pain, Balance Of Probabilities, Brachytherapy, Cervical Cancer, Cervical Smear Test, Chemotherapy, Clinical Negligence, Colostomy, Consul, Depressive Illness, Expert Evidence, Heavy Periods, Hysterectomy, Investigations, Lungs, Medication, Menstrual Bleeding, Pelvic Exoneration, Vaginal Discharge
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April 18th, 2010
Pyers solicitors in York have recently completed a case involving a woman who had a full hysterectomy carried out. After the hysterectomy she had ongoing internal pain and discomfort. It was some months later that on full examination one of the drains used in the course of the operation was still found to be inside her. The drain was removed and the pain and discomfort was then gone. A settlement was agreed on the basis that it was medically negligent to leave the drain inside and not to carry out the necessary checks after the hysterectomy to ensure that everything had been removed. A settlement was agreed in the sum of £3,500.
Tags: Checks, Drains, Hysterectomy, Internal Pain, Solicitors
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July 14th, 2009

A woman whose bowel was accidentally stitched up when she went into hospital to have a routine hysterectomy is seeking compensation from the hospital she holds responsible.
Lynn Main, 55, was admitted to Horton General Hospital in Oxfordshire on May 7th for a three-day stay.
However, during surgery, a doctor mistakenly stitched up her bowel.
Ms Main was left in agony, but was told by hospital staff that she was simply constipated and should eat more.
On May 22nd, her bowel burst and she developed peritonitis. Doctors had to repair the internal injuries with staples in an emergency operation and drained the contents of her bowel manually.
Ms Main and her partner Alan Scott are now suing those responsible for Horton General Hospital for clinical negligence.
"Alan and me both knew that something was seriously wrong but none of the doctors or nurses would listen," she pointed out.
A spokesperson for the hospital said the case is under investigation.
Clinical negligence occurs when a professional in the health service provides care that is deemed to be below standard and this causes physical injury, death or distress.
Anyone who has suffered as a result of this should seek a solicitor specialising in clinical negligence claims in order to increase their likelihood of receiving a payout.

Tags: Agony, Burst, Clinical Negligence Claims, Doctors, Emergency Operation, General Hospital, Grandmother, Health Service, Hospital Staff, Hysterectomy, Injury Death, Internal Injuries, Likelihood, Nurses, Oxfordshire, Solicitor Specialising, Spokesperson, Staples, Woman
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May 28th, 2009

A woman who had to undergo a hysterectomy after abnormal cells were missed during a routine smear test has been awarded compensation.
Lyn Harris, 53, had the original procedure at City Hospital in Birmingham in 2002, but the potentially cancerous cells were not detected.
It was not until 2005 that another smear revealed that she had developed cervical cancer and that she had no choice but to have a hysterectomy.
She took legal action against Sandwell and West Birmingham Hospitals NHS Trust, which admitted liability for the misdiagnosis and agreed to a payout amounting to five figures.
A statement from the trust apologised and said that new standards of testing have been introduced as a result of Ms Harris’s ordeal.
"The trust endeavours to maintain the highest standards of screening but unfortunately on this rare occasion the changes in the smear test result in April 2002 were missed," it added.
Anyone who has endured pain and suffering as the result of a cancer misdiagnosis that would not have occurred had the diagnosis been correct may be entitled to claim compensation and should seek legal advice.

Tags: Abnormal Cells, Apologised, Cancerous Cells, Cervical Cancer, Diagnosis, Endeavours, Hospitals Nhs Trust, Hysterectomy, Legal Advice, Lyn Harris, Misdiagnosis, Ms Harris, Ordeal, Pain And Suffering, Rare Occasion, Sandwell, Smear Test, Test Result, Woman
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