£200,000 settlement for clinical negligence – claim for injuries sustained from surgical procedure/medical treatment/care and breach of duty

Our client v University Hospitals of Derby & Burton NHS Foundation Trust

Year of incident: 2022

Date of Settlement: 2023

Acting: Millie Bolsover, clinical negligence executive at Wake Smith Solicitor


On 04 August 2022, the 42-year-old claimant attended Royal Derby Hospital where an endometrial ablation procedure resulted in a burn to the vaginal posterior wall.

The client sustained an injury requiring a hysterectomy.


As a result, the client suffered the following injuries/consequences:

  • Pain and suffering
  • Hysterectomy
  • A further examination under general anaesthesia
  • Burn to her vaginal wall
  • Possible nerve damage
  • Psychiatric injury

It was the Claimant’s case that had the surgery been performed correctly, our client would have avoided her injuries in their entirety.

Expert evidence:

We instructed experts to prepare reports for the client in the disciplines of:

  • Gynaecology
  • Psychiatry
  • Pain management

Admission of liability:

The Trust settled the case, accepting liability.

It admitted:

  • A negligent failure to re-check the position of the balloon and/or switch off the Thermablate device when it inadvertently activated. Whilst initially positioned correctly, this resulted in a failure to identify that the balloon’s position had changed.
  • Failure to demonstrate the basic required surgical orientation by failing to realise the problem for at least 30 seconds (as recorded in the Claimant’s medical records), although the severity of her injury is suggestive of a longer period of contact/burning, therefore was a breach of duty to fail to act for 30 seconds in a situation where the ablation device has started to operate by itself.
  • Failure to re-check the balloon’s position and/or switch off the Thermablate device in this time.
  • Failure to document exactly what occurred during the operation in the patient’s medical records. However, an DATIX incident form was duly submitted following the incident.

The settlement figure reflected this.

The Proceedings:

Settled out of court.


The claim settled for a value of £200,000.

Client Feedback

“Millie without you, I wouldn't be where I am today. You are an excellent lawyer, the absolute best! I cannot put into words how grateful I am for all your hard work! You have gone above and beyond for me and I will forever be indebted to you.

You've listened when I've cried, answered each and everyone of my ridiculous questions and, been so patient when I’ve struggled to get the words out. You have continued to push on for me, I'm so pleased I called your firm that day! Thank you doesn't seem enough! Thank you, thank you, thank you.”


We have a wealth of experience in resolving disputes for those who have suffered a medical injury from Private or NHS treatment including:

  • Birth & Gynaecological Injuries
  • Surgical Error (Including Cosmetic Surgery)
  • Misdiagnosis / Misprescription /Medication error
  • GP Negligence
  • Fatal Accidents and Inquests
  • Sepsis
  • A&E Claims


For further information, or for specific advice please contact our leading clinical and medical negligence team on 0114 266 6660.

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