We helped Valerie claim a six-figure compensation sum to pay for the treatment and support she needs after being failed multiple times by a private consultant.
First operation
In May 2019, Valerie was referred to a specialist consultant gynaecologist and obstetrician at the Portland Hospital after a severe menorrhagia (heavy menstrual bleeding). She’d previously had episodes of heavy bleeding.
A pelvic ultrasound scan revealed three fibroids, the submucous fibroids being the most likely cause of the irregular bleeding.
The consultant advised Valerie that the best course of action would be an operation known as a laparoscopic myomectomy, which tries to remove the fibroids. At no point was Valerie advised of alternative options such as drug treatments.
The operation was performed in August 2019. Valerie was told by the consultant that they’d removed four to five fibroids – this is despite the ultrasound in May only showing three. This was the only information she got after the operation. She never received an operation report and only had the word of the consultant.
She was warned that the risk of developing a hernia was very high, because Valerie had always been very fit and had no fat on her belly. Valerie wasn’t made aware of this before the operation.
In October 2019, Valerie went for a second follow-up appointment. During a pelvic ultrasound scan, two fibroids were spotted, including one submucous fibroid. This meant they hadn’t been removed during the operation, despite the consultant saying four or five had. Valerie was recommended another operation by the consultant.
At the same appointment, she complained about an ongoing pain on her right side where the incision had been made. This was raised in her first follow up, but nothing was done. The consultant said if the pain wasn’t better by December, he’d arrange for a CT scan.
The very next day, Valerie emailed the consultant, explaining she was shocked she needed a second operation. She explained how she expected the first operation to have cleared all the fibroids. Valerie also again mentioned the ongoing pain on her right side. The consultant replied on the same day, stating he’d sign the CT request the following day – this was never done.
Second operation
In November 2019, Valerie underwent the second operation. After a 50-minute operation, she was sent to the recovery room.
A few minutes after arriving at the recovery room, a nurse noticed Valerie was awake and talking but was cold, clammy, dizzy with blurred vision, and had low blood pressure. These were signs of haemorrhagic shock. However, it was four hours later that Valerie was transferred back to theatre for an emergency laparotomy procedure.
Despite the hospital's policy requiring consultants to be able to return within 30 minutes, it took her consultant one hour and 19 minutes to return. Because of this delay, another consultant gynaecologist had to step in.
When Valerie next woke up, she was in the ICU and her original consultant said: “He was so relieved she wasn’t brain-dead.”
Valerie had sustained a serious haemorrhage. She received 12 units of blood, platelets, and cryoprecipitate.
After the operation, the consultant spoke to Valerie’s husband, saying how relieved he was they didn’t need to amputate her left leg.
How has this impacted Valerie’s life?
Valerie has been left with a disfiguring 30-stapled 15 cm scar on her abdomen, sciatica episodes, and permanent medical conditions, such as pain.
She can no longer wear buttoned pants and the scar is sensitive, which causes daily issues for her.
Valerie has been diagnosed with severe PTSD, nightmares, and a permanent fear of hospitals. She needs trauma-focussed Cognitive Behaviour Therapy (including eye movement desensitisation and reprocessing) delivered by a clinical psychologist with expertise in the field of hospital trauma.
Since the second operation, she’s experience digestive and bladder issues. The issues became so severe, Valerie had to face her subsequent fear of hospitals and have another abdominal laparotomy surgery. Valerie opted to have this surgery in France.
How did Irwin Mitchell help Valerie?
Before she came to us, the hospital offered Valerie £1,500 as a goodwill gesture, but her complaint would have to be stopped. Valerie rejected this and came to our medical negligence team to get compensation to help her fund the specialist support she needed.
Thomas Riis-Bristow, a senior associate solicitor, worked with Valerie. Thomas started by gathering her medical records and the details from Valerie and her husband about what happened. We also used independent medical experts to examine the treatment and care Valerie received.
After investigating Valerie’s treatment, our team noted several issues in the care she received.
We presented Valerie’s case to the consultant, whose legal representation later agreed to settle the claim out of court. We were able to settle Valerie’s claim for £125,000.
The money will be used to pay for her ongoing treatment and support, with the hope she can move on from this traumatic experience.
Expert comment
On Valerie’s claim, Thomas said: “What happened to Valerie was devastating. The constant issues and lack of information is something we don’t expect from medical professionals.
“Valerie has been left with physical and emotional scars that will require ongoing treatment and support. The compensation will help her with those costs but can’t make up for the trauma caused.”
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