Case Study

Clinical Negligence Case Study

Adam Horner and Wojtek Gorski combined to settle a clinical negligence case after a client received irreparable damage from misinformed laser treatment in the canal of her cervix.

The client was wrongly told that she was at great risk of developing cancer without undergoing the treatment on two separate occasions, which instead caused notable issues.

She is from Poland and requested to speak in Polish. Thanks to our fast-growing international department, Wojtek was on hand to assist with translation, enabling Adam to pursue the claim effectively.

Our client was first diagnosed with cervical erosion in September 2011, meaning she had an increased risk of cancer and could result in infertility, despite previously being checked by another doctor, who had found no such issues.

It was recommended by the doctor in question that she underwent immediate laser treatment, which was offered at a promotional price to ‘clean the cervix’ and that it was ‘too late’ for any other management.

She was also diagnosed with polycystic ovarian syndrome through an ultrasound scan, although she did not receive any image of this, while all notes were handwritten, rather than added to a computer database.

Following the initial treatment, the pain subsided and the client fell pregnant, giving birth via caesarean section in September 2012. A gynaecological examination three months later showed no erosion of the canal of her cervix, but she was diagnosed with endometriosis.

However, the discomfort re-emerged and the doctor again stated there was a very advanced erosion, probably triggered by the C-section, despite her gynaecological exam suggesting otherwise.

She was again treated via the same method, although Adam received medical notes that contained no mention of the treatment, while a photograph copy of medical records from her visit that day did include this detail.

Following the surgery, the pain grew worse and our client was unable to have intercourse or use tampons, which had never been an issue prior to the second procedure. She went to a different doctor, who examined that the canal had been burnt by an electrical short, causing the canal to shrink, hence the acute pain.

The doctor strongly suspected this was due to the electrocoagulation treatment and did not believe any erosion had ever occurred in the area, with the discomfort instead simply being an infection. In four further visits, the doctor never changed this diagnosis from November 2013 to February 2014. She finally underwent a correct procedure with a new doctor to fix the issue in June 2017, which proved to be a resounding success as she is now pregnant.

However, due to the effects of the past maltreatment, there is still some tenderness to the posterior vaginal entrance and a risk of vaginismus, as well an increased likelihood of a perineal tear during birth, which would cause scarring.

As a result of these details, Adam was able to claim negligence due to the failure to provide information of the proposed treatment, failure to have in place any proper system of obtaining informed patient consent and failure to ensure apparatus was in working order.

The case concluded successfully, with our client being awarded a significant compensation fee, while the doctor was struck off the medical register for her negligence.

McHale & Co are an accredited APIL (Association of Personal Injury Lawyers) Practice. If you have been in an accident and would like to get in touch with our Personal Injury experts, call 0161 928 3848 or email mch@mchaleandco.co.uk.