£60,000 awarded for bladder injured during operation
In 2014 compensation of £60,000 was awarded to a 69 year old woman who suffered a bladder perforation during an operation three years earlier.
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The claimant had a laparoscopic hernia operation at a private hospital. During the procedure her bladder was accidentally perforated.
After the surgery the wound caused infection which moved into the bladder. The lady required use of a catheter for three months after the operation. Tests including several cystograms and a cystoscopy were carried out.
Surgery was required to close the hole in the bladder. The surgery was successful, but left the claimant with a skin flap on her abdomen.
It was alleged that the defendant was negligent insofar as the operation should have been changed from laparoscopic to an open surgery when the hole was made.
The original laparoscopic operation should have been performed without damaging the bladder. A standard hernia operation was not carried out when it would have been more appropriate.
The claimant maintained that the bladder was damaged by a direct cut, blunt adhesiolysis or a thermal injury. This produced an infection that transgressed to the bladder.
The claimant would not have needed a catheter or further surgery had the operation been carried out properly. Future abdominoplasty surgery would not have been necessary.
Conclusion and settlement
Liability was not admitted but compensation was agreed.
The matter did not progress to a Court hearing.
Compensation of £60,000 was accepted by way of an out of Court settlement.
£36,500 of the damages was attributed to "pain, suffering and loss of amenity."
Past care and assistance was awarded at £7,800.
£6,200 was accepted in respect of private medical costs.
Past loss of services was allocated £4,530.
£4,982 was awarded for future abdominoplasty surgery and care afterwards.
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Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.