Gynaecologist Admits Liability In Botched Sterilisation Claims


The Law Of… Settling Medical Negligence Claims

Legal action against a gynaecologist who performed incorrect sterilisation procedures on two patients has reached a settlement, after the healthcare professional admitted liability.

Daxa Patel, a Medical Negligence Partner at Simpson Millar, examines the claims against the Bradford Teaching Hospitals NHS Trust.

A Mismanaged Sterilisation Procedure

The BUPA-registered consultant at the centre of this case was the Clinical Lead for Obstetrics and Gynaecology at Bradford Royal Infirmary when the two instances of clinical error took place.

Although the incidents were 2 years apart, the same mistake was made in both cases.

The sterilisation procedure for a woman involves preventing the eggs from being fertilised by the male's sperm. This is achieved by applying clips to the fallopian tubes, effectively providing a barrier that stops any sperm from reaching egg within.

The mismanaged sterilisation saw the clips being fitted incorrectly, meaning the procedure was ineffective. Something the two female patients found out when they fell pregnant.

Psychological Damage And Pain

The subsequent claims were brought against the trust responsible for the Bradford Royal Infirmary. This is the case in all medical negligence claims that are brought against NHS practitioners, as, unlike with private practitioners, it is the hospital that is liable for any error that takes place under its roof.

The claim sought redress for not only the psychological damage that their post-sterilisation pregnancies had engendered, but also for the pain associated with having to undergo further surgery to ensure they didn't fall pregnant again.

Full And Final Settlement

The gynaecologist who performed the mishandled procedure admitted full liability and the trust agreed to pay compensation to each of the women involved.

Daxa comments:

"The decision to undergo sterilisation is such a momentous and life-changing one, often requiring counselling prior to a GP's referral being given. Finding out afterwards it was all for nothing, in such an unexpected and upsetting manner, can be particularly damaging."

"The women trusted the hospital to look after their wellbeing and, after an incident like this, may not feel the same level of trust and confidence again, which is sad."

If you have suffered as a result of medical negligence you may also be entitled to compensation. Contact Simpson Millar today.

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