We recently settled a claim for a woman in respect of an intimate procedure carried out without her consent during a routine laparoscopy. While under general anaesthetic at a hospital in Nottingham, a vaginal examination and coil replacement were performed without her knowledge or agreement. She came to us because she wanted recognition of what had been done to her and compensation for the psychological harm it caused.
Background
Our client was a PhD student who had been experiencing gynaecological symptoms. She was listed for a diagnostic laparoscopy, a procedure to which she had agreed. What she had not agreed to, and of which she was not aware until after the event, was that an intimate vaginal examination and the removal and replacement of her Mirena coil would also be carried out while she was under general anaesthetic.
When she discovered what had taken place, she experienced heightened anxiety around medical settings and a deep sense of violation. Her academic work was disrupted for a number of weeks, and she found it difficult to engage with the hospital for ongoing care.
Our approach
Claims involving non-consensual intimate procedures raise issues that go beyond the physical. The breach of bodily autonomy, particularly during a period of vulnerability under anaesthetic, can cause psychological harm that is serious and enduring, even where the procedure itself does not result in physical complications.
Following preparation and service of a Letter of Claim, the Trust admitted that it had failed to obtain consent for the intimate examination and coil replacement and issued a formal apology.
Expert evidence
We instructed a consultant psychiatrist to assess our client. He confirmed a diagnosis of Adjustment Disorder directly attributable to the non-consensual procedure and recommended a course of psychiatric sessions to support her recovery. His view was that, with appropriate treatment, the condition was likely to resolve within six to twelve months of the conclusion of the legal process.
Settlement
The claim settled without the need to issue court proceedings. The Trust’s admission and the settlement provided our client with formal recognition that what happened to her should not have happened, together with compensation reflecting the psychological harm she experienced. It also gave her the means to fund the treatment recommended by her psychiatrist. Most importantly, it allowed her to close this chapter and move forward with her life and her academic career.
Next steps
If you believe that you or a loved one received substandard medical care, our clinical negligence team can help you understand where you stand. Even where the legal issues are complex or the losses are not straightforward, there may still be a route to justice and recognition.
If you would like to discuss a potential clinical negligence claim, please get in touch with our specialist team.
How we can help
Mohammad Abdullah is a Senior Associate in our Medical Negligence team, which has been ranked in tier one by the independently researched publication, The Legal 500. He has represented clients in a wide range of medical negligence matters, including injuries arising from hospital falls, failures in orthopaedic and maxillofacial treatment, and serious spinal conditions such as cauda equina syndrome. He is also experienced in claims involving delayed or misdiagnosis cancer diagnoses, dental and vascular negligence, pressure sores, and ophthalmology.
If you would like to discuss a potential bowel perforation claim, please contact Mohammad or another member of our team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form. We’re here to listen, advise, and support you through every step of the claims process.