Unnecessary laparoscopy for dye insufflation and bilateral salpingectomy

The Claimant was a young lady, struggling to become pregnant. She had a pre-planned laparoscopy for dye insufflation and bilateral salpingectomy.

This would prevent her becoming pregnant other than with IVF. However, she was actually nine weeks pregnant at the time of surgery, unbeknown to anybody. The hospital should have carried out a pregnancy test and whilst they did not accept, they failed to do so, the success rate is so high that all the evidence pointed to them not having carried one out. In the circumstances the surgery was unnecessary but fortunately the Claimant was able to complete the pregnancy but would need IVF for future ones. A compromise settlement was reached which was satisfactory to the Claimant.

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