Settlement Obtained for Client Following Retained Dressing - Gender Affirming Surgery

Lyubov Nikolchova recently secured a favourable settlement for a client, who experienced a delayed recovery and avoidable complications, after a piece of surgical dressing was inadvertently left in situ following gender affirming surgery.

Background

Our client socially transitioned in the early 2010s and, following discussions with her treating clinicians, elected to undergo a vulvoplasty as part of her gender affirmation journey. The procedure was carried out at the Defendant hospital in 2024.

Following discharge, our client experienced what felt like a large internal lump, together with significant discomfort, heat, and a sensation of fluid dripping internally. She was reassured that these symptoms were consistent with post-operative swelling and recovery. However, her condition continued to deteriorate, with ongoing pain, blood loss, pus discharge and burning sensations around the surgical site. Despite this, no further investigations or swab testing were undertaken by the Defendant.

As her symptoms worsened, our client required emergency medical treatment and was admitted to her local hospital with suspected cellulitis. Despite courses of antibiotics and multiple hospital attendances, her symptoms persisted. It was only during a subsequent face-to-face review with the Defendant hospital months later that a retained piece of jelonet dressing was identified and removed. Following its removal, our client’s symptoms improved substantially.

Litigation

Expert evidence was obtained from specialists in plastic surgery and psychiatry. The evidence supported the case that the retained dressing caused an infection which
resulted in multiple hospital attendances, admissions, and antibiotic treatment. It was also argued that the retained dressing delayed our client’s recovery from the principal surgery by several months and made a material contribution to the deterioration in her mental health during an already challenging recovery period.

The Defendant hospital admitted liability at an early stage. We understand that, as a result of the issues identified in this case, the hospital subsequently reviewed and updated its discharge procedures for patients undergoing vulvoplasty surgery.

Settlement

An offer to settle the claim was advanced on the client’s behalf with the Letter of Claim. The Defendant responded with a counter-offer, which our client was pleased to accept, bringing the matter to a satisfactory conclusion without the need for court proceedings to be issued.

Reflecting on the outcome, our client said:

“Lyubov, I would like to thank you for your help and your support on this matter. I am quite happy with settlement offer and can now concentrate on other matters, as this is drawn to a close"

Contact Dean Wilson LLP

If you or a loved one has suffered injury as a result of negligent medical treatment, our specialist Clinical Negligence Team may be able to help. We are experienced in investigating complex claims and supporting clients through every stage of the legal process.

To discuss your situation with a member of the team, please contact us on 01273 032328 or email enquiries@deanwilson.co.uk.