HR v AK (2008)
Out of Court Settlement 17 July 2008
Claimant: Female: 42 years old at date of accident; 44 at the date
of settlement.
Clinical Negligence: Over a
period of some time the claimant (C) became aware of changes in the
appearance of her labia and was experiencing some discomfort. On 4
October 2005 she attended a private consultation with a cosmetic
surgeon (D) to discuss the possibility of undergoing labia
reduction. The operation was discussed and C felt that D had
understood her areas of concern: specifically that there was a skin
tag at the opening of her vagina that she wanted removed, and the
fact that she required a moderate trimming along the length of the
labia to make the labia less prominent.
On 23 January 2006 D carried out a labiaplasty
operation. Post-operatively the claimant discovered that the lower
two thirds of her labia minora had been almost completely excised,
leaving her with a prominent upper third. The vaginal skin tag had
not been removed.
C sustained injury and brought an action
against D alleging that she was negligent in failing to properly
explain the surgery beforehand and failing to carry out the agreed
operation with reasonable care and skill, leaving her disfigured
and psychologically traumatised.
Effects: Further surgery by D
failed to improve the cosmetic appearance of C's vulva. Her
postoperative recovery was complicated by infection and C required
reconstructive surgery under the care of another surgeon to improve
the appearance of the labia and relieve her discomfort. Although
the cosmetic results were not ideal C was obliged to accept that
this was the best that could be achieved. C also suffered with
depression and Sexual Aversion Disorder.
Out of Court Settlement:
£20,000
Background to damages: The
case was settled on the following basis: £18,000 in general damages
and £2,000 special damages.
Hodge Jones & Allen for the claimant.
MDU for the defendant.
Quantum Report was provided courtesy of Lisa
Gornall of Hodge Jones & Allen, solicitors for the
claimant.