Until relatively recently, vaginal mesh and TVT (transvaginal tape) were widely used in surgery across the UK for these problems as they were seen as a less invasive procedure with a shorter recovery time. But an increasing number of woman have reported complications following the surgery, leading many people to refer to it as the vaginal mesh “scandal”.
But recent legal action shows promising progress in compensation those who have suffered.
Jane Williams, Partner at Freeths, explained to Express Health how you know if you have a claim and how to make one.
How do you know if you have a claim?
Jane said: “If the bladder, bowel or the urethra were damaged in the original repair surgery, these are likely to be linked to problems with the mesh. Removing mesh and tape can be a complex procedure but may be needed.
“The use of vaginal mesh/TVT can be for a number of different reasons. Likewise, complications can arise for many reasons. Unfortunately, at the moment it is not as simple as ‘I’ve had vaginal mesh/TVT surgery and have experienced complications so I must have a claim’.”
Jane added the following factors are amongst those to consider:
- Prior to the woman making the decision to undergo surgery:
– was she advised to complete a bladder diary?
– was she asked to complete pelvic floor exercises?
– did she undergo urodynamic testing?
– were alternative treatments discussed with her or offered?
was she properly informed of the risks and possible complications of the surgery before consenting to it taking place?
- Were NICE (National Institute for Health and Care Excellence) Guidelines followed?
- Was the surgeon adequately trained?
How do you go about making a claim?
Under current rules a claim must be started within three years of the date the woman could have reasonably known that her injury was a result of medical negligence, advised Jane.
Jane added: “Therefore, it is important the woman acts as soon as possible to investigate a potential claim. If a woman has had such surgery and experienced complications she should contact a Solicitor who specialises in clinical negligence claims, specifically a Solicitor specialising in vaginal mesh/TVT claims.
“Specialist Solicitors are well used to dealing with these matters and will ask questions about the circumstances of the surgery and, with the woman’s consent, most probably obtain a copy of her GP records. This will allow the Solicitor to determine whether or not there is a claim with prospects of success which can be pursued on a no win, no fee basis.
“It should not cost the woman anything to reach the stage where the Solicitor can advise on whether or not there is a claim with prospects of success which can be pursued on a no win, no fee basis.
“Again, every case is different and the value of a claim very much depends on the individual circumstances.
“In addition to the compensation, the woman would be awarded the legal costs of bringing the claim.”
Freeths Solicitors offers clinical negligence lawyers to represent people who suffered avoidable harm due to failures of medical care and delayed or inappropriate treatment.
If you are concerned about the medical care you or a loved one has received, please contact Jane Williams on firstname.lastname@example.org call 0845 272 5724 or visit https://www.freeths.co.uk/vaginal-mesh-tvt-claims/