Hospital pays compensation to mum who had healthy fallopian tube removed21 June 2011
Healthy Fallopian Tube removed
A mother who had a healthy fallopian tube removed when she suffered an ectopic pregnancy has received compensation from the hospital which treated her.
The 39-year-old, was shocked when she discovered she was left unable to conceive when both her fallopian tubes were removed during emergency surgery at Heartlands Hospital in December 2008.
She was told she had suffered a bilateral ectopic, meaning both tubes were affected and needed to be removed, but weeks later she was informed that one of the tubes was in fact healthy.
Heart of England NHS Foundation Trust has denied liability for removing the tube but has paid a substantial sum in compensation to the mother who had been trying for her second child.
Unable to conceive naturally after surgery
She was left devastated that she would not be able to conceive naturally and decided to undergo expensive IVF treatment.
Fortunately it was successful at the first attempt and she had twin boys, now aged 15 months.
During a follow up appointment at the hospital in January 2009 she was told that she only had an ectopic pregnancy in one of the tubes that had been removed. She decided then to contact clinical negligence experts Thompsons Solicitors for advice on making a complaint.
She made an official complaint to the hospital and after an unsatisfactory meeting with hospital bosses she instructed Thompsons Solicitors to pursue a claim for compensation. The firm secured expert advice which said she would have been able to conceive had the healthy tube been left intact.
NHS Foundation Trust made an offer to settle claim
Heart of England NHS Foundation Trust denied liability but made an offer to settle when informed of the intention to issue proceedings.
The mother said: “It was bad enough to be told I was suffering an ectopic pregnancy, but when I came round from the surgery and they told me that I had lost both tubes and that IVF would be our only chance of having more children I was devastated.
“To this day the hospital hasn’t admitted it made a mistake which made us determined to pursue compensation to make sure it never happened to anyone else.”
She added: “We have been very fortunate that we were able to have IVF and it worked the first time. We now have two beautiful boys and their six-year-old sister who we are very lucky to have in our lives.”
Errors of judgment were made in operating theatre
Kashmir Uppal from Thompsons Solicitors Birmingham office said: “Our client has been through a traumatic experience, first suffering an ectopic pregnancy and then having to undergo emergency surgery to have her fallopian tubes removed.
“One cannot imagine what she must have felt when she was told that one of those tubes was actually healthy and she would have been able to conceive naturally if it was saved.
“Serious errors of judgment were made in that operating theatre leaving this family having to pay for IVF treatment to achieve their dream of a complete family.”
Concerned about negligent medical treatment or diagnoses? Talk to us for advice and support today.
Our discrete and compassionate medical negligence solicitors are experienced in the full range of medical injury claims, and will work with you to establish whether you have a medical negligence compensation claim.
If you, or a loved one, think you have suffered medical negligence, such as a birth injury (for example, a cerebral palsy diagnosis following a difficult birth), misdiagnosis (such as cancer misdiagnosis), or suffered negligence during an operation contact us for advice.
If the incident happened more than three years ago, you will usually not be able to make a claim for compensation. However, exceptions do apply – such as instances where you could not have reasonably known your symptoms were caused by clinical negligence, or cases involves adults who lack legal capacity or children – so contact us for advice.
For further information, visit our How to Make A Compensation Claim page.