Claimant Receives £25,000 For Hospital's Failure To Treat, Diagnose And Manage Her Ectopic Pregnancy

- 19 May 2008;

L v BARKING, HAVERING & REDBRIDGE HOSPITALS NHS TRUST (2007)

Total Damages: £25,000

PSLA: £17,650 (£18,080.90 RPI)

Trial/settlement date: 23/10/2007

Type of Award: Out of Court Settlement

Age at trial: 42

Age at injury: 39

Sex: Female

The claimant, a 42-year-old woman, received £25,000, for the failure of a hospital of the defendant trust to diagnose, treat and manage her ectopic pregnancy in February 2005, resulting in her suffering from adhesions, uterine perforation and a reduction in fertility.

Claimant: Female: 39 years old at date of accident; 42 years old at date of settlement.

Clinical Negligence: On February 7, 2005, the claimant (C) attended a hospital of the defendant trust (D) complaining of severe right-sided abdominal pain. She was discharged with medication for pain relief but no follow-up appointment was arranged. That evening, a nurse telephoned C at home and told her to collect iron tablets from the hospital the following day.

On February 18, C consulted her GP who immediately referred her to hospital with suspected ectopic pregnancy. C was admitted but discharged after two days without any further follow-up or management. D had also failed to carry out a scan which would have revealed an ectopic pregnancy.

Two days after being discharged from hospital, C was re-admitted to hospital and underwent an emergency laparotomy and salpingectomy. She suffered a uterine perforation during the procedure.

C sustained injury and brought an action against D alleging that it was negligent in (i) failing to admit her to hospital on February 7 or February 18 or both to provide appropriate treatment and management of her ectopic pregnancy; (ii) failing to administer C with an Anti-D injection within the required 72-hour period as C was rhesus negative and her husband was rhesus positive.

Liability admitted.

Injuries: C suffered from 13 days of unnecessary pain and suffering, emotional trauma, uterine perforation and adhesions which impacted on her fertility and gave rise to the risk of further surgery.

Effects: C experienced significant interference with her normal family life and ability to care for her one-year-old baby.

C also suffered from extreme anxiety and fear at not being believed and for D being unable to identify and treat the cause of her significant pain.

Prognosis: C faced the risk of having to undergo further surgery to treat pelvis adhesions. In the event of future pregnancies, C would be advised to undergo delivery by caesarean section following the uterine perforation.

Out of Court Settlement: £25,000 total damages.

Background to damages: The risk associated with D's failure to administer the Anti-D injection within the required period was minimal and therefore not quantified. It was agreed that 25 per cent of the impact on loss of fertility was attributable to the negligence.

Breakdown of General Damages: Pain, suffering and loss of amenity: £17,650; Impact on loss of fertility: £3,200.

Breakdown of Special Damages: Miscellaneous past costs including past gratuitous care costs, past loss of earnings and incidental expenses: £4,150.

Harman & Harman (Canterbury) for the claimant. National Health Service Litigation Authority for the defendant.

LTLPI 15/5/2008 (Unreported elsewhere)

This Quantum Report was provided courtesy of Lesley Payne of Harman & Harman, solicitor for the claimant.

Document No. AM0201248