Prolapse surgery compensation claims
The following guide takes you through what you need to know about making a prolapse surgery compensation claim.
A pelvic organ prolapse can be a caused by childbirth, previous pelvic surgery or, rarely, through extreme exertion such as heavy lifting at work. The condition is not life threatening but it can affect an individual's quality of life.
Pelvic organ prolapse occurs when one or more of the pelvic organs prolapses, or bulges, into the vaginal wall. These organs include the uterus, bladder and bowel.
If you were injured as the result of prolapse surgery in the last three years and someone else was to blame, then we can help you make a compensation claim.
Surgery is typically offered if it is felt that the possible benefits outweigh the risks. Around 1 in 10 women will have surgery for a pelvic organ prolapse at some point in her life.
The most common type of surgery involves implanting a mesh device into the vagina to support the pelvic organs. However, some women have reported adverse health reactions after receiving an implant.
Anyone who has suffered complications after receiving prolapse surgery may be eligible make a medical negligence compensation claim.
I have a strong claim - why won't a solicitor take it on?
Most surgical treatment options aim to improve the positioning and support of the pelvic organs. Sometimes a synthetic (non-absorbable) or biological (absorbable) mesh is used to support the vaginal tissues and hold the prolapsed organ in place. Around 1,500 mesh implants are used to treat pelvic organ prolapse each year.
Positioning and support of the pelvic organs may also be achieved using a product known as transvaginal tape. Around 13,000 vaginal tape implants are used in the UK each year to treat prolapse and urinary incontinence.
Hysterectomy is a less common surgical option, but if the womb is prolapsed, removing it may deliver a better outcome for the patient.
Surgeons have a duty to recommend the type of treatment that is most suitable for the patient depending on the severity of prolapse, the age and health of the woman and whether she is planning to have children in the future.
The Medicines and Healthcare Products Regulatory Agency (MHRA) is investigating reports that some women are suffering serious health consequences after receiving mesh and transvaginal tape implants.
Complications that have been reported include:
- Protrusion of the mesh through nearby organs
- Mesh erosion, contraction or shrinkage
- Chronic and persistent pain
- Internal lacerations
- Vaginal discharge and bleeding
- Nerve damage
- Sexual problems
- Urinary incontinence.
Some women may require multiple revision surgeries to correct the problem. In some cases, the prolapse can return causing a significant adverse effect on quality of life.
As a result of the complications that may arise, it is recommended that pelvic organ prolapse surgery should only be performed by specialist gynaecologists with experience in the surgical treatment of prolapse.
Doctors must also counsel patients before seeking their consent to the operation. Patients are entitled to receive information regarding:
- The risk of possible complications
- The uncertainty of long term results regarding the safety of mesh and tape products
- The chances of success with the use of mesh versus the use of other procedures
- Alternative treatment options.
A patient who is not given such advice and who suffers injury as a result may be eligible to make a compensation claim.
A claim may also be brought if there are errors in the way the surgery is carried out or if proper medical assistance is not given as a priority if things go wrong.
A no win no fee agreement (technically known as a Conditional Fee Agreement) is entered into between the claimant and a personal injury lawyer.
A Conditional Fee Agreement is the terms and conditions under which the solicitor represents the claimant.
It details what the solicitors will do as well as how he is paid if your legal case is won.
If you instruct Quittance for your prolapse surgery compensation claim there will be no additional costs , no up-front fees and the comfort that you will not be out of pocket.
The amount of compensation you will receive depends on a number of factors. Our medical negligence compensation calculator provides an accurate estimate of your likely compensation.
Our nationwide network of solicitors handle all types of clinical negligence claims and have a wealth of expertise with short-term, serious and life-changing injury claims. Our lawyers are chosen on the basis of their professionalism and their winning track record.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
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