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The Clinical Negligence team at Lester Aldridge has successfully settled a complex case involving consent and appropriate treatment in relation to advice and treatment for gynaecological issues.

Our client had suffered for many years with painful and heavy periods, which significantly disrupted her life, and medication was not providing relief. She sought a long-term solution.

Following a consultation at the defendant’s hospital, our client was informed that she required a hysterectomy and that this procedure was the only appropriate treatment to resolve her issues. She was not advised of any alternatives to a hysterectomy.

Our client gave consent for the procedure but, once again, was not informed of alternative treatment options.

After the hysterectomy, our client experienced continued and worsening abdominal pain, which severely affected her ability to function, perform everyday tasks, return to work, or care for herself for an extended period. She became isolated, and her mental health also suffered.

Expert support from Lester Aldridge

Lester Aldridge assembled a team of legal advisors, experts, and barristers who were able to demonstrate that our client had not been appropriately consented for the hysterectomy, as she should have been advised of alternative treatment, namely endometrial ablation. We argued on behalf of our client that, had she been informed of the alternative treatment, endometrial ablation, she would have opted for this option and avoided the adverse consequences that followed the hysterectomy.

The defendant initially denied the case in full. They later amended their arguments, making some admissions regarding consent but continuing to deny that our client suffered any damage.

Substantial Settlement

The case was set down for trial, but we successfully negotiated a settlement with the defendant’s solicitors during a round-table meeting, avoiding the stress and cost of trial and securing a substantial settlement for our client.

The case was led by Senior Associate Melanie Lidstone-Land, assisted by Helen Clement, with expert tactical advice from Liz Oaten, Partner. Melanie says:
“It was an absolute pleasure working with my client, who had suffered significant damage due to the defendant’s negligence. It is hugely important that patients are provided with all the appropriate information regarding medical treatments, including alternative options, to ensure true informed consent. I am so pleased to have concluded this matter on behalf of my client and to have secured an excellent award of damages for her.”

Further contact

If you or a loved one have experienced similar issues and require legal advice, please email us at online.enquiries@la-law.com or call 01202 786260 to speak to our Clinical Negligence team.