Woman Awarded Nearly £200,000 for Unjustified Surgery

Medical negligence claims can be complex and expert legal representation is essential to ensure a just outcome. In a recent case, the High Court awarded damages of nearly £200,000 to a woman who experienced life-changing overactive bladder symptoms following a number of operations.

The woman had experienced symptoms of incontinence in 2016. Following a number of operations performed by two consultant urogynaecologists over the next two years, she was left with complications that had serious adverse impacts on her life. She brought various claims against both of the surgeons.

Her claims against the first surgeon were unsuccessful, as was one aspect of her claim against the second surgeon. However, the Court upheld her claim that one of the operations performed by the second surgeon – a colposuspension – was not clinically justified as the woman had not been experiencing symptoms of stress incontinence prior to the operation. The Court also found that she would not have agreed to undergo the colposuspension had she been informed of test results indicating that it was not clinically indicated, and that the operation had caused her to have symptoms of overactive bladder.

The Court noted the woman's evidence that, a result of her impaired bladder function, she has to wear pads day and night. She avoids travelling in other people's cars and cannot use public transport, and her symptoms affect her socially and cause her embarrassment. The Court also took into account the fact that the other operations she had undergone had contributed to her pain and that she has a range of symptoms that pre-dated the colposuspension. She was awarded £70,000 for her pain, suffering and loss of amenity.

The Court also awarded her nearly £6,000 for past losses and just under £120,000 for future losses, including the costs of domestic care and future medical treatment.