Compensation recovered for failure to remove an ectopic pregnancy
In this case study we look at a successful claim for failure to remove an ectopic pregnancy which was concluded by medical negligence solicitor, Caroline Webber-Brown.
Background of the claim
Our client had taken a home pregnancy test, which was positive. However, not long after, she experienced pain in her left side and leg. She contacted her GP and was advised to contact The Early Years Assessment Clinic. An ectopic pregnancy could not be ruled out, so she was sent to the Surgical Assessment unit who told her that she would need a laparoscopy. Later that day our client underwent a left salpingectomy procedure, and she was told to take another pregnancy test in three weeks.
Three weeks later, our client took another home pregnancy test. It presented a positive result, so additional tests were performed and it was identified that some material from the previous ectopic pregnancy had been left behind. This resulted in our client needing to have undergo further surgery for removal of the ectopic pregnancy.
Following all of this, our client was told that the histopathology needed to be reviewed for a possible molar pregnancy and she had to wait nearly two months for the results to confirm she had no evidence of this, which had caused her more distress and meant she needed to wait to try to conceive again.
The claim process
Caroline took this case on under our popular no win, no fee agreement, so our client did not have to pay any upfront costs.
Caroline outlined the case to the Health Trust that there was a failure to perform the initial salpingectomy to a reasonable standard. Specifically, they had failed to place the endoloop beyond the ectopic pregnancy to ensure that it was all removed. Caroline also alleged that there was a failure to perform a visual assessment of the fallopian tube, to make sure that all the ectopic pregnancy was removed. This failure resulted in our client needing to undergo avoidable surgery, having a prolonged recovery period and suffering a psychological injury.
The Health Trust denied all legal responsibility, arguing that the surgery had been completed to a reasonable standard. Caroline therefore obtained a report from an independent medical expert. This report was supportive and concluded that the initial operation was not carried out competently.
Caroline presented this evidence to the Trust and she was then able to negotiate a satisfactory out of court settlement.
For guidance on making a compensation claim for failure to remove an ectopic pregnancy contact our free legal helpline. Call us on freephone 0333 888 0412 or send an email to [email protected]