The Employment Appeal Tribunal (EAT) has found that an Employment Tribunal (ET) erred in law in...
A woman who became pregnant despite having undergone a sterilisation procedure has secured damages from the NHS trust responsible for her treatment.
After the woman attended hospital to discuss sterilisation, it was agreed that a sterilisation procedure would be performed using filshie clips, which are used to close the Fallopian tube. The operation appeared to have been successful, but when she attended hospital again the following year, suffering from lower abdominal pain, it was confirmed that she was pregnant.
Although the baby was born without any issues, she suffered a number of complications during and after pregnancy, and also experienced psychiatric symptoms. A hysterosalpingogram, an X-ray of the uterus and Fallopian tubes, indicated that her left Fallopian tube was not adequately clipped.
After she sought legal advice, the NHS trust admitted that there had been a failure to place the filshie clips correctly and conceded that she would not have become pregnant if the sterilisation procedure had been correctly carried out, but claimed that if the Fallopian tube had not been clipped, this would have been corrected. Following negotiations, however, an out-of-court settlement was agreed.