Failed Abortion - Compensation Claim

Miss N V Gorai (2003)

The claimant, a 30-year-old woman, received £8,750 for the distress caused by two failed termination procedures. The experience exacerbated the claimant's pre-existing depressive condition, which was likely to improve within six months with cognitive behavioural therapy.

Out of Court Settlement 21/5/2003

LTLPI 19/11/2003 (Unreported elsewhere)

Document No.: AM0200541

Claimant: Female: 29 years old at date of accident; 30 years old at date of settlement.

Clinical Negligence: The claimant sought a termination of her pregnancy from a private clinic at which the defendant gynaecologist practised as an independent contractor. On 9 February 2002 at eight weeks gestation, the defendant performed the surgical termination of her pregnancy under general anaesthetic.

Four weeks later, the claimant discovered that she was still pregnant and re-attended the clinic on 9 March 2002 where she underwent an ultrasound and was advised that she would require a second procedure, described as an "evacuation of retained products of conception". Prior to the second procedure, the defendant assured the claimant that the pregnancy had in fact been terminated and the procedure was required to remove residual foetal tissue. The claimant therefore consented to the second procedure and it was performed by the defendant.

Three weeks later, the claimant collapsed requiring emergency admission to St Mary's hospital where an ultrasound revealed her to be carrying a live foetus. The claimant was informed that her amniotic sac had been destroyed in the two termination procedures and her baby was unlikely to survive the pregnancy. If it did however, she was told it was likely to be born severely deformed and brain damaged.

Therefore, the claimant consented to a third surgical procedure and on 4 April 2002, her pregnancy was successfully terminated at 16 weeks gestation. Two years prior to these events, the claimant had undergone a termination, for which she required counselling, which was ongoing at the time of the more recent failed termination

The claimant sustained injury and brought an action against the defendant alleging that he failed to:

(i) advise the claimant on 9 March 2002 that her termination was unsuccessful and that she was still pregnant with a viable foetus and would require a second termination of pregnancy;

(ii) perform a successful termination on 9 March 2002; and

(iii) carry out an adequate post-operative follow up after 9 March 2002, in particular failing to perform an ultra-sound to ensure termination had been effected.

Liability disputed.

Injuries: The claimant suffered from the continuation of her unwanted pregnancy.

Effects: The claimant suffered the symptoms of pregnancy and the exacerbation of a pre-existing depressive illness.

Prognosis: The claimant did not suffer from any long-term physical injuries and her psychological condition was likely to improve within six months with cognitive behavioural therapy.

Out of Court Settlement: £8,750 total damages.

Breakdown of General Damages; Pain, suffering and loss of amenity: £8,000.

Breakdown of Special Damages: £750.