Damages awarded against Frimley Park Hospital for unwarranted gynaecological surgery

We have recently settled one of several cases against Frimley Park Hospital in relation to care provided by consultant gynaecologist Jayne Cockburn, who over a period of many years recommended and performed unnecessary surgery on a number of patients.

Our client in this case consulted Miss Cockburn in 2008 about the symptoms of a prolapse. She was advised that she would need surgery, to include the insertion of a permanent mesh for the prolapse, as well as a transvaginal tape.  As she was not offered any conservative treatment, she assumed that surgery was her only option and so she went ahead.  Afterwards, she reported problems with her bladder and bowel, as well as sexual intercourse being very painful.

In 2014 our client saw another surgeon, who expressed concern that she had undergone extensive and complex surgery when more conservative surgery would have treated her prolapse symptoms. The surgeon was also concerned that a transvaginal tape had been inserted, as this is used to treat bladder stress incontinence which our client did not have. In fact she had no bladder problems before the surgery.

We were instructed to bring a claim for damages against Frimley Health NHS Foundation Trust. We investigated the case, obtaining expert evidence from an independent consultant gynaecologist, and based on this evidence, alleged that in 2008 surgery should have been limited to a simple prolapse repair. The mesh should not have been used and neither should a transvaginal tape have been inserted. On behalf of the trust, it was admitted that our client had undergone surgery that was unnecessary and which had caused her harm and ongoing problems.

After considering the damage that had been sustained as well as the treatment our client would need to help with her ongoing problems, we carried out a thorough assessment of her other past and likely future losses arising from the procedure.  A fully particularised claim, supported by evidence, was presented to the other side and following a brief period of negotiation, we settled the claim for our client, achieving £75,000 in damages.

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