Combined Oncological and Gynaecological Case Settlement

24th January 2020

Robert Mils has achieved settlement for a Claimant in a clinical negligence case concerning two separate episodes of negligence.

The first episode concerned the alleged negligent discharge of the Claimant from hospital when she was suffering from a post-operative bleed. She suffered a traumatic period at home before returning for a vaginal packing procedure which was negligently performed without pain relief. The claimant developed PTSD and her pre-existing somatoform pain disorder was exacerbated.

In the second episode of negligence, the Defendant also failed to diagnose the Claimant’s breast cancer and the knowledge of this delay, combined with invasive treatment, further exacerbated the somatoform symptoms. As a result of negligence, the claimant’s cancer prognosis was terminal.

There were complex considerations for the claimant to whether to complete her clinical negligence claim or allow her children to bring a Fatal Accidents claim on behalf of her Estate after her death. She decided to seek an end to the litigation in her lifetime. The primary arguments in this case concerned causation and the doctrine of material contribution vs apportionment. The case settled at mediation.