Court Approves Settlement of Negligent Laparoscopy Claim

Posted on: May 6th, 2015 by Editor

The High Court has approved the settlement of a negligent laparoscopy claim estimated to be worth £8 million in favour of a claimant who suffered brain damage during a “routine” medical procedure.

The claimant – who has asked to remain anonymous – attended the Hope Hospital in Manchester five years ago for a “routine” laparoscopy procedure to remove a ruptured ectopic pregnancy. The woman was twenty-two years of age at the time and was in a serious relationship, enjoyed her job as a hairdresser and had an active social life.

Unfortunately, when one of the incisions was made at the start of the laparoscopy procedure, an aorta was punctured. A significant loss of blood resulted, the patient´s circulation collapsed and her heart stopped. Due to a lack of blood, the woman´s brain was damaged because it was deprived of oxygen.

As the woman is now cognitively deficient, she is unable to represent herself in legal matters. Therefore a negligent laparoscopy claim for compensation was made on her behalf by her mother. The Salford Royal NHS Foundation Trust – the NHS Trust responsible for the Hope Hospital – admitted liability for her injuries in 2012.

A court date was scheduled to determine how much compensation for a negligent laparoscopy the woman was entitled to but, before it could take place, a settlement of the negligent laparoscopy claim was negotiated. Under the settlement the woman will receive a lump sum payment of £2 million now and index-linked and tax-free payments every year for the rest of her life.

As with all claims for compensation made on behalf of a claimant who is unable to represent themselves in legal matters, the settlement had to be approved by a judge before it could be finalised. Consequently details of the accident and injury – and the terms of the settlement – were related to Mrs Justice Swift at the High Court in London.

After an apology was read to the woman and her family on behalf of the Salford Royal NHS Foundation Trust, Mrs Justice Swift approved the settlement of negligent laparoscopy claim – commenting: “I hope that this substantial settlement will at least ensure she has the best possible quality of life in the years to come and I wish her and the other members of her family the very best for the future”.

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