The Upper Tribunal (UT) recently ruled on an appeal against a decision of the First-tier Tribunal...
A woman who was left unable to conceive after an unnecessary medical procedure has reached a settlement of her claim against the responsible NHS trust.
The woman experienced bleeding after she became pregnant. She booked an ultrasound scan and was told that she had suffered a missed miscarriage. She later went to hospital for a surgical management of miscarriage (SMM) procedure. She asked about the risks of Asherman's Syndrome, a condition where scar tissue forms causing the front and back walls of the uterus to stick to each other, but was informed that it was extremely rare. After being told a few days later that she would need to undergo another SMM procedure, she was advised that there was no risk of damage.
She later experienced symptoms of Asherman's Syndrome. Her GP referred her to hospital and a diagnosis of Asherman's Syndrome was eventually confirmed. She was told that she would never be able to conceive naturally.
She sought legal advice, and expert evidence was obtained that showed she had undergone an SMM procedure unnecessarily. After she brought a claim, the NHS trust admitted liability on the basis that the second SMM had led to her developing Asherman's Syndrome and had been unnecessary. A six-figure settlement was agreed, removing the need for a trial to determine the amount of damages due to her.