Arrowe Park Hospital Pays £30,000 in Damages to Miss S After Delayed Ectopic Pregnancy Treatment
Our client, Miss S, had previously suffered an ectopic pregnancy in which one of her fallopian tubes was removed. A few years later, Miss S fell pregnant again and began to experience similar pains.
Miss S attended A&E and was examined. Tests revealed a possible failing pregnancy and a mass in her fallopian tube which was queried as ectopic. The Arrowe Park Hospital did not admit our client; she was discharged with advice to return for tests in a few days.
Miss S’s symptoms persisted and she returned to the hospital on a Thursday, where her symptoms were again concluded as an ectopic pregnancy and she was admitted for observations.
Treatment Options Offered to Miss S
The treatment options for an ectopic pregnancy include methotrexate, a drug that preserves the fallopian tube while terminating the pregnancy, or laparoscopic salpingotomy, a surgical procedure to remove the fallopian tube. When the tube is unruptured, methotrexate is the preferred option to preserve fertility.
The following day, it was recorded in our client’s clinical notes that she was to be prescribed methotrexate. However, staff needed to check if an appropriate team member was available to administer the methotrexate “at the weekend.” If not, it was noted that she could go home, as she lived nearby and could return quickly if needed.
Our client, having previously experienced an ectopic pregnancy that resulted in the removal of her fallopian tube, did not want to go home. She requested to stay in the hospital in case her remaining fallopian tube ruptured. This request was agreed to.
The methotrexate was not administered over the weekend because no appropriately trained staff member was on shift. It was recorded that the drug would be given on Monday.
Our client received methotrexate and was discharged, but returned later the same day in pain. Unfortunately, her remaining fallopian tube had ruptured and needed to be removed.
Miss S approached Phoenix Legal Solicitors to investigate this claim, as well as a potential claim from a few years prior, when her first fallopian tube was also removed after a ruptured ectopic pregnancy.
Claim for Negligence
Investigations were undertaken, and a letter of claim was sent to the trust for each alleged negligent episode. The first claim was denied, however, the second claim was admitted.
The trust accepted that it was unable to administer methotrexate over the weekend and the Claimant’s remaining fallopian tube ruptured and a salpingectomy was performed.
Our expert advised that on the balance of probabilities had methotrexate been administered when our client returned to A&E (i.e. within 24 hours of diagnosis of left ectopic pregnancy) then the rupture would not have occurred and fertility would have been preserved.
The delay allowed time for the trophoblast of the ectopic pregnancy to infiltrate through the tubal wall and result in tubal rupture.
The Defendant provided a “Serious Incident Investigation Final Report” which concludes;
Had there been a chemo-trained nurse on duty to administer Methotrexate when it was requested, this may have reduced the risk of treatment failure (recognising the 12-15% failure rate) and would certainly have reduced the length of patient stay. It is suggested that the overall patient experience would also have been improved.
It was accepted that the delay in administering methotrexate, on the balance of probabilities, led to ruptured ectopic pregnancy and removal of the remaining tube.
The Defendant accepted by implication that our client had been left unable to conceive naturally, but pointed out that as her ovaries were intact, it would be possible to conceive with IVF.
Valuation of Damages
The Defendant offered the sum of £20,000 in settlement of the claim. However, upon consideration of the offer and the valuation we considered the relevant Judicial Guidelines (17th Edition) which are:
- Chapter 6F Female Reproductive System;
- (d)Infertility without any medical complications and no sexual dysfunction and where the injured person already has children. The upper end of the bracket is appropriate in cases where there is a significant psychological reaction, £21,920 to £44,840
- (e)Infertility where the injured person would not have had children in any event, eg. Because of age £8,060 to £22,800
We also considered the cost of IVF for our client. Miss S was not obligated to accept the Trust’s offer of IVF and chose not to, given her previous experience of their negligent treatment. Therefore, the cost of private treatment could be factored into the settlement figure.
Settlement
A counteroffer was made in the sum of £35,000 which was not accepted by the Trust.
But settlement was reached in the sum of £30,000 which Miss S was happy to accept. She now has the funds to pay for private IVF, should she wish to explore this option with her partner.
If you have a Medical Negligence Claim…
Phoenix Solicitors acted on a no-win, no-fee basis in this matter, and we are happy to have achieved a settlement for our client within a few months of the letter of claim being sent to the trust.
If you or your loved one has suffered from substandard or negligent treatment, contact our experienced team of clinical negligence solicitors for a free, no-obligation conversation about your options.
Call 0151 306 3694 or email us at ab@phoenixlegalsolicitors.co.uk to find out how we can help.
0151 306 3694 More about Medical Negligence Claims