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22 October 2022 | Case Study | Article by Lesley Herbertson

Thousands in compensation for woman who had hysterectomy

Woman who had IVF treatment suffered a pelvic infection which was delayed in diagnosis. Megan underwent egg collection as part of her IVF treatment and, a few days later, an embryo transplantation was performed.

However, the evening after the procedure, Megan started to experience abdominal pain and she returned to the IVF clinic where an ultrasound scan was performed.

Pelvic infection was suspected and Megan was advised to go to her local hospital for treatment with IV antibiotics which she did immediately.

After being seen by a gynaecologist at the local hospital, Megan was diagnosed with mild Ovarian Hyper-Stimulation Syndrome (OHSS) in error and therefore experienced a delay of about 7 days before the correct diagnosis of pelvic infection was reached and IV antibiotics commenced.

As a result of the uncontrolled infection, Megan had to undergo removal of both ovaries and fallopian tubes and a total hysterectomy, during which procedure her ureter was severed which later required reconstructive surgery.

Whilst in the context of her previous medical history of endometriosis, it was accepted by Megan that even with more prompt treatment she was likely to have had to lost her ovaries and uterus in any event, it was successfully argued on her behalf that, absent the substandard treatment, Megan would not have developed such a deep seated infection.

As a consequence, she would have suffered a much shorter period of severe illness and recovered far more quickly. Megan also successfully recovered in respect of the severed ureter and the consequent nephrostomy and reversal procedures that she had to undergo.

Hugh James were successful in securing a settlement of £120,000.00 for Megan.

Lesley Herbertson acted on Megan’s behalf and said:

The NHS hospital that treated Megan really let her down. She was sent there following an ultrasound scan and with a note from her IVF doctor advising that she very likely had a pelvic infection and needed IV antibiotics.

It was astonishing then that her treating doctor at the hospital managed to arrive at a diagnosis of OHSS and put off commencing IV antibiotics by seven crucial days. During Megan’s period of severe and untreated ill health, she felt so poorly she believed that she would not survive.

As a consequence of the admitted negligence, Megan’s business suffered and her compensation also includes some element for that specific financial loss.

Author bio

Lesley Herbertson is a Partner at Hugh James and a leading medical negligence solicitor with over 30 years’ experience in dealing with catastrophic and serious injury medical negligence cases.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

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