Claim for Laparoscopy Negligence Resolved at Court

A claim for laparoscopy negligence has been resolved at a hearing of the High Court in London with the approval of a multi-million pound compensation settlement.

In March 2010, the claimant – who wishes to remain anonymous – was admitted to the Hope Hospital in Manchester to undergo a laparoscopy procedure to remove a ruptured ectopic pregnancy. At the age of 22, the woman worked as a hairdresser, was in a serious relationship and had an active social life.

However, during the laparoscopy procedure, the woman´s aorta was punctured. The patient suffered such significant blood loss that her circulation collapsed and her heart stopped. During the medical emergency, the woman´s brain was starved of oxygen and she is now permanently brain damaged.

Due to the brain damage, the woman is unable to represent herself legally and a claim for laparoscopy negligence was made on her behalf by her mother. In 2012 the Salford Royal NHS Foundation Trust admitted liability and a hearing was scheduled to determine how much compensation for laparoscopy negligence the woman should receive.

Before the hearing could take place, a settlement of the claim for laparoscopy negligence was negotiated. The deal involved a lump-sum payment of £2 million plus annual index-linked payments for the rest of the woman´s life. Like all claims made on behalf of claimants unable to represent themselves, before the settlement could be finalized it had to be approved by a judge.

Consequently at the High Court in London, Mrs Justice Swift was told about the circumstances that led to the woman´s catastrophic brain injury. The judge heard how the claimant depends on a wheelchair for her mobility, has severe cognitive deficits and will always require 24-hour care. An apology was also read to the court on behalf of the Salford Royal NHS Foundation Trust.

Approving the settlement of the claim for laparoscopy negligence, Mrs Justice Swift commented that the claimant (now 27 years old) was generally cheerful and had a good sense of humour and said: “I hope that this substantial settlement will at least ensure she has the best possible quality of life in the years to come and I wish her and the other members of her family the very best for the future”.

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