Brian Owens, a specialist litigation executive with FDR Law, based in Palmyra Square, Warrington discusses how medical negligence resulted in pregnancy
A 34 year old lady chose an Implanon device as a means of family planning.
The device is usually inserted into the upper arm by a nurse at a Family Planning Clinic, and is intended to prevent pregnancy commencing. The device if correctly inserted provides appropriate protection where perhaps other means of family planning are inappropriate or not possible for a variety of health reasons.
The lady became pregnant and happily pregnancy went full term and a healthy baby was born. However she did seek advice as to why the device had not carried out its function.
Her medical notes were examined by and independent expert who were looking to establish if in fact the device had been correctly assembled and/or inserted.
The report showed that although the device had been inserted, it had not been correctly assembled and as such it did not provide the protection it was intended to provide. The Clinic admitted breach and causation.
In view of a healthy birth without any significant complications during the pregnancy, damages were relatively modest but nonetheless at a level that was significant for the client. Courts no longer provide an award of damages for the upbringing of an unplanned child in these circumstances and therefore damages were agreed at £17,000.
Case reference BAK1329-1