Woman is given go-ahead to sue dead surgeon
A patient who suffered complications after surgery at a Kent hospital has been given the go-ahead to sue the estate of a dead surgeon.
The woman was fitted with trans-vaginal mesh to treat an incontinence problem at Benenden Hospital, Cranbrook, but later developed serious problems after the material eroded.
She suffered heavy bleeding and pain and, after undergoing further surgery in an attempt to correct the problem, had a hysterectomy.
Despite that, she continues to suffer ongoing symptoms, London’s High Court heard.
The issue of trans-vaginal mesh surgery hit the headlines earlier this year when it was revealed hundreds of women were bringing legal action against the NHS and the makers of the products after suffering complications.
The implants are used to treat pelvic organ prolapse and incontinence, mainly after childbirth, but some can become embedded into the vagina – causing severe pain and discomfort.
The woman brought a claim for damages against Mr Mohammed Mossa, the surgeon who performed the procedure in 2007.
She alleged the doctor failed to provide enough information about the mesh product used and didn’t give advice on alternative treatment options.
After Mr Mossa died in 2015, she continued her lawsuit against his estate – which is contesting the claim.
Defence lawyers argued it was “too late” for her to sue, particularly as Mr Mossa was no longer alive to defend himself. But, despite “gaps” in the evidence, Mrs Justice Yip has now opened the way for the woman to press ahead with her claim.
Her compensation claim will now go ahead for a full hearing at a later date.