§ CASE LIBRARY · UROLOGY & CATHETER INJURY

Urology & Catheter Injury cases,
decided by the courts.

Published judgments of the courts of England and Wales in urology & catheter injury claims, summarised in plain English and linked to their source. Claims that failed are included, because they show what has to be proved.

Judgments here

3

Claimant succeeded

2

Typical range

£10,000+

Largest stated sum

£459,758

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Claimant succeeded£195,888

Biggadike v El Farra & Anor

[2024] EWHC 1688 (KB)·2024·Liability and damages decided at trial

The patient had a hysterectomy, pelvic floor repair and incontinence tape fitted by one consultant, then mesh removal and a colposuspension by a second consultant. The court cleared the first surgeon but found the second performed the colposuspension without clinical justification, leaving the patient with severe bladder symptoms.

Performing an operation that is not clinically justified is a breach of duty even if it is technically done well. Damages are limited to the harm caused by the negligent procedure, not the patient's pre-existing symptoms.

Claim failed

Devonport v Gateshead Health NHS Foundation Trust

[2016] EWHC 1729 (QB)·2016·Liability decided at trial

After a radical hysterectomy for cervical cancer the patient developed an abscess and a narrowed ureter, and later lost a kidney; she alleged the bowel was perforated at surgery and that urologists should have been involved in a second operation. The judge preferred the hospital's explanation for the infection and found no negligence in either operation.

Ureteric and kidney damage after pelvic surgery is not automatically negligent; the court will examine the most likely mechanism. Expert evidence on the cause of infection is often decisive.

Claimant succeeded£459,758

O'Connor v The Pennine Acute Hospitals NHS Trust

[2015] EWCA Civ 1244·2015·Appeal decision

During surgery to repair a bladder-vagina fistula caused by an earlier hysterectomy, the surgeon damaged the femoral nerve while dissecting the sigmoid colon. The trial judge awarded £459,758 and the Court of Appeal upheld the finding that the injury was caused by negligent direct injury rather than retractor pressure.

Where a nerve is damaged in an area the surgeon was working on, a court may infer negligence from the mechanism of injury and the expert evidence. Appeal courts rarely overturn a trial judge's factual findings on how an injury occurred.

About urology & catheter injury claims →·The whole case library →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

This guide is general information about the law in England and Wales, not legal advice about your case. ClaimGavel is run by Costart Projects Ltd on behalf of Tomlin & Partners, a specialist medical negligence firm regulated by the SRA. The free assessment on this page is an AI overview to show you roughly where you stand; a solicitor confirms the position in a free, no-obligation conversation.