Case Overview
Our client was married with two teenage children and working part-time.
She had a long history of endometriosis for which she consulted a Gynaecologist privately in Sydney. The Gynaecologist diagnosed endometriosis and advised Laparoscopic Bilateral Salpingectomy to be performed at a private hospital in Sydney. This is the procedure that was consented to.
During the procedure, the uterus and tubes were removed. However, ‘filmy bowel adhesions’ were also freed during the procedure.
Post-operatively, our client complained of severe pain and vomiting. She was diagnosed with infection based on elevated WCC and CRP levels and antibiotics commenced. A CT scan showed peritoneal gas and fluid. A laparotomy was performed which showed moderate small bowel spillage from a perforation, which was repaired.
Our Approach
Mr Recep Ayas, our Medical Negligence Solicitor, had carriage of this matter. He was able to obtain the operation reports, signed consent forms and hospital progress notes. He then briefed an Associate Professor and Experienced Gynaecologist for an opinion on liability. Recep was able to establish that the bowel perforation was caused by a clumsy division of bowel adhesions at the surgery. The separation of adhesions was well removed from the uterus, was unnecessary, outside the consented and planned operative field, and, the division put our client at greater risk, where the surgeon could have, in accordance with the maxim, done no harm by leaving well enough alone.
Our client was able to obtain $400,000 worth in damages for the need to undergo a laparotomy and being left with a large scar, for developing an avocado sized incisional hernia which now requires further treatment, loss of income and an inability to perform household domestic chores.
The Result
After negotiations we obtained $400,000 in damages for our client.
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