Midlands woman receives compensation after hysterectomy error
11 Jun 2009
A woman from Leicester has received a substantial compensation sum after she suffered internal damage following a hysterectomy. She was left with with ongoing health problems for two and half years.
Kerry Jones, formerly from Northfield, underwent a hysterectomy to remove an ovarian cyst at Birmingham Women’s Hospital in September 2004. She now wants the hospital to make a formal apology after she was left with debilitating bladder problems as a result of the operation.
For two years following the hysterectomy Miss Jones underwent a series of tests and treatments to try to rectify her bladder problems. All of these proved ineffective until finally, in September 2006, she was correctly diagnosed with a uretero-vaginal fistula.
By this time Miss Jones had moved to Leicester and she was being cared for at Leicester General Hospital. She finally underwent surgery to repair the damage in April 2007.
Initially Birmingham Women’s NHS Foundation Trust admitted a delay in diagnosis but refused to admit that the hysterectomy was carried out incompetently in the first place. However, they have now agreed to pay Miss Jones a five figure out of court compensation settlement.
Caroline Stokes, a solicitor specialising in clinical negligence with Irwin Mitchell Solicitors, represented Miss Jones in her legal claim. She said: “Birmingham Women’s NHS Foundation Trust have always said that the damage is a recognised risk of a hysterectomy.
“However, independent medical experts confirmed that Kerry would have avoided the injuries she suffered had the surgery been carried out correctly. Because of the initial surgical error and the subsequent delay in diagnosis, Kerry continued to suffer with debilitating bladder problems for two and half years.
“The problems had a significant effect on both her lifestyle and her ability to work, as she was unable to plan anything which lasted longer than half an hour at a time.”
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