The claimant, a 35-year-old woman, received £10,000 after the still birth of her child in October 1999. The claimant suffered from a painful miscarriage and subsequently suffered from a grief reaction.
Claimant: Female: 31 years old at date of accident; 35 years old at date of settlement.
Clinical Negligence: On 6 July 1998, the claimant gave birth to her first child and approximately one month after his birth, she had an intrauterine contraceptive device (IUCD) fitted by her GP. In June 1999, the claimant had a positive pregnancy test, despite the IUCD being still in situ.
The claimant consulted her GP and was referred to the urgent gynaecology clinic at the defendant’s hospital. She was seen on 15 June 1999 and advised that the IUCD should not be removed until she reached 10/12 weeks gestation and then this could be done by her GP. The claimant was referred back to the clinic on 24 June 1999 and again was told to wait until 12 weeks gestation.
When the claimant returned to the defendant’s hospital on 2 July 1999 the threads of the IUCD were no longer visible and it was not possible to remove it. The pregnancy therefore continued with the contraceptive device in place.
The claimant was admitted to hospital in October 1999 at 21 weeks and five days gestation complaining of contractions. The claimant’s son was stillborn several hours later. The IUCD was removed under general anaesthetic four days afterwards.
The claimant sustained injury and brought an action against the defendant alleging that it was negligent in the management of her pregnancy.
Liability admitted.
Injuries: The claimant suffered a painful and distressing miscarriage at 21 weeks and required surgical removal of the IUCD under general anaesthetic.
Effects: A report from a psychiatrist was obtained which indicated that the claimant was suffering from a grief reaction, which, although more severe than average, did not meet the criteria for a diagnosis of psychiatric illness.
Prognosis: A report from a psychiatrist was obtained from a consultant obstetrician and gynaecologist on condition and prognosis. He confirmed that the failure to remove the IUCD and subsequent miscarriage was unlikely to have an impact on her fertility.
Out of Court Settlement: £10,000 total damages.
Breakdown of General Damages: Pain, suffering and loss of amenity: £8,400.
Background to damages: The case was settled on a global basis with no particular breakdown for general and special damages. The claimant’s schedule of special damages included loss of earnings and travel costs, which totalled £1,600.
Henmans for the claimant. LTLPI 8/6/2004 (Unreported elsewhere)
Document No. AM0200591. Reproduced by kind permission of Lawtel (www.lawtel.com)