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Compensation for incorrect use of a device during a procedure | Our Client’s Story

Catherine Henry Lawyers
Catherine Henry Lawyers

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Compensation for incorrect use of a device during a procedure

Our client underwent a laparoscopic hysterectomy and bilateral salpingo-oophorectomy in a Private Hospital in 2017. Unfortunately, during the surgery, her rectum was damaged.

Our client chose to undergo a laparoscopic hysterectomy as opposed to an abdominal hysterectomy for several reasons including 1) less pain associated with laparoscopic surgery; 2) shorter hospital stay; and 3) lower risk of infection.

Unfortunately, the surgeon inadvertently inserted a device known as a “McCartney Tube” into our client’s rectum (instead of her vagina) causing serious damage.

During a laparoscopic hysterectomy, the McCartney Tube is inserted into the vagina to remove the uterus.

The surgeon recognised the mistake and immediately contacted a colorectal surgeon, who attended and performed a laparotomy to resect and remove part of our client’s bowel and created an ileostomy (a piece of the small intestine which is sutured to the outside of the abdomen) to assist in the repair of the damage to our client’s rectum. The ileostomy was reversed in February 2018.

Our client was in surgery for approximately 6 hours as opposed to the usual 1 to 1.5 hours for laparoscopic hysterectomy. She spent several days in the Intensive Care Unit postoperatively before being discharged home.

The usual postoperative stay in hospital following a laparoscopic hysterectomy is 1 to 3 days in a surgical ward.

Our client experienced a significant reduction in her quality of life. Amongst other things, she had difficulty sleeping, lost a significant amount of weight, could not lift anything including her grandchildren, she could not perform domestic duties or drive. Further, she was unable to work for many months following the surgery and suffered psychologically.

We were pleased to provide representation and support our client in receiving substantial compensation for her injuries.

Let us fight for you or your loved one

If you or a loved one suspect you have experienced surgical negligence, or feel your concerns about healthcare are being dismissed or ignored by health professionals, please do not hesitate to talk to one of our caring, expert, health lawyers about the options available to you. To confidentially discuss your needs call us on 1800 874 949 or fill in the form below, and we will be in touch.

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