A. V RATNAVEL, JOGARAJAH,
SHEPHERD AND ZAKANI OUT OF COURT SETTLEMENT MARCH 2007
Our client received £15,000 against four of
her former General Practitioners collectively for a failure to
refer her to a Gynaecologist over a number of years resulting in a
delay in diagnosis of a retroverted uterus and an avoidable period
of consequential symptoms, including abdominal pain and painful
intercourse.
Claimant: Between ages of 29 and 39 at time of
injury; 41 at time of settlement.
Clinical negligence: Our client started to
suffer with gynaecological problems after an appendicectomy
operation in April 1984. Following the operation she suffered
continual bouts of cystitis and thrush together with abdominal pain
and pelvic infection.
In 1992, she complained of pain on intercourse
and loss of feeling in her right leg and back. An ultrasound scan
performed in June 1992 showed a normal pelvis. Nevertheless the
client's pain continued throughout 1993 and she was eventually
referred to a gynaecologist at Watford General Hospital in May of
that year.
However, prior to any investigations taking
place, our client fell pregnant. Following the birth of her child
by caesarean section in January 1994, she complained of pain in the
back and pelvic region.
In October 1995 she was informed by one of the
Defendants at her GP surgery that she might have an infection in
her fallopian tubes in view of the continuing pain. Despite this
clear query of an infection and well documented record of
gynaecological problems and complaints, there was a failure to
examine her abdomen properly, arrange for swabs to be taken or to
have her followed up to check if the symptoms remained.
Our client continued to complain of pain to
each of the Defendant doctors over the next several years. However
on each occasion, no proper investigation was undertaken nor a
referral made until July 2003 when one of the Defendant doctors
referred her to a gynaecologist at Watford General Hospital.
Following an internal examination in December
2003, her gynaecologist confirmed that she required an ultrasound
scan which was duly performed and revealed in June 2004 she was
suffering from a tethered retroverted uterus.
A laparoscopy took place in June 2005 and
completely cured all of the Claimant's ongoing symptoms. The case
was resolved during the pre-action protocol period following a
Letter of Claim sent to the Defendants in October 2006.
Following a Part 36 Offer in January 2007, the
case settled after negotiations although no admissions of breach of
duty were made by the Defendants.
Injuries: Low back pain and loin pain;
inability to wear tampons; leg numbness; pain on sexual
intercourse.
Effects: As a result of our
client's continuing pain, this had an adverse effect on her
relationship with her husband due to her inability to sustain a
close physical relationship. This led to emotional distress and the
relationship breaking down at one stage.
Out of court settlement:
£15,000 in March 2007
Breakdown of damages: General
damages only for the period during 1995 to 2003 when it was alleged
the Defendants negligently failed to refer our client to a
gynaecologist. No special damages were claimed.
Olivia Lawson at Hodge Jones and Allen
represented our clients interests; MPS, MDU and MDDUS for the
Defendants.