Case Study – DP v Barts Health NHS Trust

28th May 2020 by

Jonathan acted on behalf of a 23 year old female in relation to her claim for clinical negligence that happened in 2015 at Whipps Cross Hospital in London. The Claimant had a relevant past gynaecological and obstetric history of a previous caesarean section in 2013 and previous laparotomy for ovarian cystectomy at 10 years of age. This was classified as a high risk pregnancy and the Claimant was referred to a Consultant in the Antenatal Clinic at Whipps Cross Hospital for review. The Claimant had elected to have a caesarean section. The Claimant had previously undergone an emergency lower segment caesarean section due to a failure to progress when having her first child.

During the course of delivering the baby the Claimant suffered a significant bladder injury as a result of which she was left with long term physical problems and depression.

The Hospital Trust initially carried out an investigation to prepare a Serious Incident Report which attached no responsibility to the hospital team who carried out the caesarean section and advised the Claimant that she had suffered a rare but recognised complication of the caesarean section.

The Claimant instructed Jonathan at the beginning of 2017. Healys obtained the Claimant’s medical records and obtained expert obstetric evidence to confirm the suspicion that unfortunately the hospital treating team had failed to act upon the significance of blood noted in the urine and failed to recognise or take note prior to the caesarean section commencing that there was likely scar dilatation which created risk of scar dehiscence or rupture and that this was a complex procedure.

We alleged that the hospital team had allowed the Claimant to suffer an avoidable injury to the bladder during the caesarean section, failed to take all reasonable steps to ensure that the bladder was protected during the caesarean section procedure and failed to recognise that the bladder had been traumatised upon entry into the abdominal cavity.

The Hospital Trust initially denied liability even when Court action was started, but eventually the Hospital Trust settled the Claimant’s claim out of Court for a significant six figure sum.

If you would like to seek advice for a clinical negligence claim, contact Jonathan Austen-Jones today via email jonathan.austen-jones@healys.com or by telephone 01273 810 067.