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Our expert solicitors helped a woman receive £500,000 in compensation from the Royal Berkshire NHS Foundation Trust after negligent surgery to remove an ovarian cyst.

During the operation the woman sustained a perforated bowel and other injuries which went undetected. She went on to develop septicaemia. There was then a delay in diagnosing her condition after which she underwent further surgery and was left with a colostomy.

Although her colostomy was later reversed, she went on to develop bowel obstructions, infection and formation of fistula. A fistula is an abnormal passage either between two internal organs or from an internal organ to the surface of the body.  It is a “route of least resistance”. She spent a significant amount of time in hospital (11 months stretch at one go) and was unable to eat normally and had to be fed via a tube.

Unfortunately, due to her ongoing problems, she had to have a colostomy re-fashioned and it is unlikely that this will ever be reversed. She requires considerable care and assistance and has been unable to return to work. She was only 45 at the time of the original operation.

Her claim was originally funded by her legal expenses insurance and when that was exhausted a conditional fee agreement was entered into backed by after the event insurance. Supportive reports were received from a consultant gynaecologist and a professor of surgery. 

Court proceedings had to be commenced as liability and causation were strongly disputed. Evidence relating to the value of the claim was obtained from care and psychiatric experts. Liability was never conceded but the defendant hospital made an offer to settle in the sum of £500,000 only three weeks prior to trial (over 4 years after the operation in question).