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  • Overview

    Oliver Chapman, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells office, has secured £12,000 for a claimant who suffered a period of incontinence when a hospital failed to identify a fistula.

    The claimant was in her twenties when she gave birth, by emergency caesarean section, to a healthy child. In the days following the procedure, she experienced incontinence but was discharged from Maidstone Hospital without it being addressed.

    Two weeks later she attended her GP who referred her back to hospital and, one month after the caesarean section, a fistula in the bladder was diagnosed. She underwent surgical repair five months after the development of the fistula which proved successful.

    We obtained evidence from consultants in gynaecology and urology. Both were in agreement that the trust had breached the duty of care they owed the claimant as they failed to recognise that the fistula had developed and failed to treat it.

    In terms of causation, it was the claimant’s case that had the fistula been recognised within the first week of the caesarean section, it could have been treated surgically and the period of incontinence would have been avoided. Alternatively, a longer period of catheterisation may have led to fistula healing naturally without further surgery.

    A letter of claim was sent, together with an offer of settlement, which was accepted by the trust prior to the commencement of court proceedings.

    Oliver Chapman specialises in clinical negligence. If you would like to speak to him about a potential case, or have a general query about clinical negligence, contact him on 01892 701234.

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