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£37,500 award for incorrect reporting of X-rays that lead to miscarriages
Our client had been trying for a baby without success. She was advised to have an x-ray to look at the uterus and fallopian tubes to see whether there was a blockage or other abnormality that would explain the difficulty in conception.
She was told everything was normal, so relying on that assurance, she paid for private IVF treatment which did produce a viable pregnancy but she miscarried. She later fell pregnant naturally, but suffered another miscarriage.
In fact she had a uterine abnormality which should have been identified at the time of the x-ray. It was only when an ultrasound scan was performed after the second miscarriage that the problem was identified. She underwent an operation and a year afterwards became pregnant again. This time she went to full-term without complications and is now the proud mother of two boys.
We reviewed her medical records and obtained expert medical opinion which showed that the NHS Trust provided inadequate care when reporting the results of her x-ray. The Trust denied this, so it was necessary to prepare documents for court proceedings.
Once those court documents were served, the Trust finally admitted liability. Shoosmiths negotiated a £37,500 settlement and recovered the cost of the private treatment our client would not have paid had she known that any IVF would be futile.