Please click on the titles to read the following case reports:
DH –V- Hywell DDA Local Health Board
F A v Worcestershire Acute Hospitals NHS Trust
B v Pennine Care NHS Trust & Stockport NHS Foundation Trust
G v Royal United Hospital Bath NHS Trust
C v Dr Jennifer Vernon
G v North Bristol NHS Trust
Mrs W v Salisbury NHS Foundation Trust (Formerly Salisbury Healthcare NHS Trust)
G vs Cvm Taf NHS Trust (2009)
V E vs Mr R W G (2008)
F A (minor) v A Health Authority
G - v - Gwent Healthcase NHS Trust
C (Deceased) - v - NB NHS Trust
SH v B District Health Authority & Dr J: Failure to diagnose kidney stones leading to nephrectomy
TH v Dr G, Dr P and Dr C: Failure to diagnose kidney stones leading to nephrectomy
M (Dec'd)- v- NG NHS Trust
JDME (on his own behalf and as administrator of the estate of JE deceased) -v- Swindon & Marlborough NHS Trust
C-v- A NHS Trust
CPS -v- NHH NHS
AJM (By Her Litigation Friend RM) -v- Bath & North East Somerset Primary Care Trust (Formerly Bath & West Community NHS Trust)
C –v- A NHS Trust
X -v- Swindon & Marlborough NHS Trust
Delay in Diagnosis
C – v- West Hertfordshire Hospitals NHS Trust
Mrs K - Delay in diagnosis on colon cancer
Mr D- Delay in cancer diagnosis
E -v- Royal United hospital Bath NHS Trust
M –v- The Home Office
H -v- Gloucestershire Royal Hospital NHS Trust
D-v-Salisbury Healthcare NHS Trust (2004)
Martyn John Pavier (widower & executor of the estate of Kay Madeleline Pavier (deceased))-v-United Bristol healthcare NHS Trust (2004)
H–v-Avon & Western Wiltshire Mental Healthcare NHS Trust, Wiltshire Health Authority and another
General Practitioner Negligence
Harris-v-Bottomly
Nursing
PGM -v- Royal United Hospital Bath NHS Trust
H –v- East Somerset NHS Trust
C – v- West Hertfordshire Hospitals NHS Trust
The Claimant lost his wife, aged 33 years, as a result of an admitted negligent failure to treat her skin cancer. The Claimant was left bringing up 3 very young children on his own.
The case was settled on the basis that but for the admitted negligence the Claimant’s wife would have been cured of her cancer, and have had a near normal life expectancy. The settlement included sums to compensate for the reduction in income the Claimant’s late wife would have brought into the family, and also the extra costs of employing childcare for the children, plus £70,000 for the Claimant’s late wife’s pain and suffering prior to her death as a result of the admitted negligence.
The Claim was settled in the sum of £450,000.
This case was settled by Paul Rumley, Partner and Head of the Swindon and Marlborough Clinical Negligence Team.
DH –V- HYWELL DDA LOCAL HEALTH BOARD
DH was aged 48 years as at the start of the alleged negligence, and 66 years as at the date of settlement.
The case was based upon alleged misdiagnoses of angina and epilepsy from February 1992 onwards, as a result of which DH was medially retired from his employment with the Ministry of Defence in 1993 and never worked again.
The allegations of negligence were that the Defendant’s Hospital by their actions maintained a misdiagnosis of angina, and misdiagnosed possible epilepsy despite no clinical features to support that and/or clinical findings which expressly ruled that out.
The claim was vigorously defended on the basis that the responsibility for the misdiagnosis of angina actually rested with the Claimant’s GP, despite evidence from an expert GP which was provided to the Defendant to counter that, that there was no maintenance of a misdiagnosis of angina and only a misdiagnosis of possible epilepsy. It was also contended that DH’s early retirement on medical grounds was not foreseeable as a result of the diagnosis of angina and epilepsy.
There were considerable litigation risks in the claim, and it therefore eventually settled for the sum of £170,000.
This claim was handled by Paul Rumley, Partner and Head of the Swindon/Marlborough Clinical Negligence Department.
F A v Worcestershire Acute Hospitals NHS Trust
On 16 June 2003, the Claimant’s mother, who was approximately 32 weeks pregnant with the Claimant, attended the hospital with a suspected spontaneous rupture of the membranes. On clinical examination no evidence for this was found and she was discharged from hospital having had a high vaginal swab (HVS) taken. This swab was not reported until 21 June 2003.
In the meantime, on 18 June 2003, the Claimant’s mother was admitted to the hospital in labour and delivered the Claimant in the early hours of Thursday 19 June 2003. The Claimant and her mother were both discharged home on 20 June 2003.
Before being discharged, the Claimant’s mother noticed that her daughter was quite miserable and that she screamed when being picked up. She also developed a grunting noise but the Claimant’s mother was reassured by the midwives. The Claimant had significant problems with her breathing after discharge and seemed to be fitting. After a telephone call to the hospital, during which the Claimant’s mother was again reassured, the Community Midwife attended and realised that the Claimant was very ill. She arranged for her immediate admission to SCBU.
The Claimant suffered severe brain damage due to bacteria/septicaemia and meningitis caused by Group B Haemalytic Streptocuccus (GBS). The GBS was acquired from the Claimant’s mother’s genital tract and the symptoms started within 24 hours of her birth. Although the Claimant’s mother had signs of intra uterine infections soon after delivery with fever, tachycardia and a very high white blood cell count, neither she nor the Claimant were treated with antibiotics and were both allowed to go home on 20 June 2003. The Claimant was profoundly disabled from birth suffering from a mixed cerebral palsy with severe motor impairment, severe cognitive impairment and epilepsy. The Claimant was dependent on others for all aspects of basic care, the vast majority of which was provided by the Claimant’s mother. Tragically, the Claimant died aged 3 years and 3 months when an epileptic fit could not be controlled.
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B v Pennine Care NHS Trust & Stockport NHS Foundation Trust
The Claimant was born on 7th February 1931 and on the evening of the 18th June 2003 he was detained at the Stepping Hill Hospital in Stockport under Section 2 of the Mental Health Act 1983. The Claimant fought his case against both Defendants as it was unclear as to which Defendant was vicariously liable for which staff at the hospital. The Claimant believed that the First Defendant was responsible for the provision of psychiatric services at the hospital but it was not known which Defendant accepted vicarious responsibility for medical decisions of Psychiatrists.
Lorazepam was administered to the Claimant at about 22:30 hours on 18th June. At some point during the night of 18th/19th June the Claimant fell from his bed and was discovered on the floor. The Claimant was examined by a Psychiatric Senior House Officer at about 14:00 hours on 19th June. Amongst other things she found the Claimant’s abdomen soft but with reduced bowel sounds.
In the early afternoon of 20th June the Claimant was examined by another Senior House Officer on call. The Claimant was complaining of pain in the left iliac fossa. The SHO noted a pulsatile mass in the abdomen and therefore attempted to speak to a surgeon. However, no surgeon was available and so a message was left at theatre.
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G v Royal United Hospital Bath NHS Trust
Negligent failure to carry out baseline vascular assessment
Failure to recognise peripheral arterial obstructive disease leading to double amputation
G went on holiday to Spain in June 2001. While he was on holiday, he contracted Legionnaire’s Disease and spent some 51 days in a coma in a Spanish hospital.
During that time, he had been neglected so that the heel of his right foot had been resting on the top of his left foot, and he had not been regularly turned or otherwise cared for with the result that when he was discharged from hospital in Spain and transferred to England, he had extensive Grade 4 ulcers (deep pressure sores) on his torso, buttocks, thighs, both lower calves and feet. Some of the ulcers were exposing bone and the right heel had dissolved into the top of the left foot.
In September 2001, G was admitted to the RUH and, on the balance of probabilities, at the time of admission he was suffering from peripheral arterial disease, a chronic condition that meant that the peripheral arteries serving his legs were compromised by narrowing and/or blockage due to atherosclerotic disease with consequent impairment of his circulation.
Despite the fact that the Claimant had a number of risk factors for peripheral arterial obstructive disease, no baseline assessment of the Claimant’s vascular system was carried out on admission.
G spent a further three months in hospital at the RUH and on discharge the ulcers affecting his back, sacrum, left elbow, and hips had healed or substantially improved, but those on his calves had not resolved, and those on his heels and the top of his left foot never healed.
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Failure to recognise diabetes in a 13 year old leading to coma, DVT and scalp pressure sore, compartment syndrome and foot drop.
The Claimant fell ill in November 2003 when she was 13 years old. She was taken by her parents to see their General Practitioners at their local Surgery. The Claimant was seen by Dr S on 13th & 25th November and by Dr V on 28th November 2003.
Instead, over the next 24 hours, the Claimant’s condition gradually deteriorated and she became comatose.
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The MRI scan report confirmed a lesion that was either a cerebral abscess or a malignant tumour. Even then, nobody took any steps to involve a neurosurgeon and it was only on the 12th of September 2003 when G vomited and fell unconscious at midnight that anyone did anything at all.
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Mrs W v Salisbury NHS Foundation Trust (Formerly Salisbury Healthcare NHS Trust)
Out of Court settlement: 23/12/2008
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The Claimant, a 23 year old woman, received £45,000 after a midwife failed to examine her following a perineal tear in January 2003. She had to undergo a late repair of a third/fourth degree tear and a temporary colostomy and suffered loss of libido temporarily.
Claimant: female
18 years old at date of accident
23 years old at date of settlement
Total damages: £45,000
Settlement date: 23 September 2008
PSLA: £25,000
Type of award: out of court settlement
Court: out of court settlement
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Claimant: female aged 30 at the date of knowledge; 32 years old at the date of settlement.
Please click here to view the full case report.F A (minor) v A Health Authorihty
Expert reports were obtained by both parties in relation to care and quantum issues and negotiations commenced. The Defendant ultimately agreed to pay the Claimant’s mother damages in the sum of £150,000 in full and final settlement of their claim.
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G v Gwent Healthcare NHS Trust: Laparascopic cholecystectomy – negligent clipping and division of common hepatic duct leading to peritonitis, intra-abdominal adhesions and acute renal dysfunction – reconstructive hepaticojejeunostomy
On 14th August 2002 G was referred by her GP to surgeons at the Nevill Hall Hospital with abdominal cramps, vomiting and pain. An ultrasound revealed a shrunken gall bladder with multiple calculi and a diagnosis of chronic cholecystitis was made. G was seen by Mr G, a consultant surgeon, and was listed for a laparoscopic cholecystectomy.
On 14th April 2003, Mr G began the gall bladder operation laparoscopically but then became confused over the anatomy and converted to an open procedure by way of a right subcostal incision.
Post-operatively, the Claimant was thought to be well although she was in pain and had to use patient-controlled analgesia. It was intended to discharge G on 16th April 2003, but then on 17th April it was noticed that she was jaundiced. Liver function tests showed a raised bilirubin at 43 and a raised ATL at 100. The C-reactive protein was raised at 160.
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C (Deceased) v NB NHS Trust: Physician’s negligence – infection control – failure to control infection leading to patient’s death
The Claimant (C) was the Widow and Administratrix of the Estate of C (deceased) and brought an action under the Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934.
On 25th October 2001, the deceased became unwell. He had a productive cough; fever; weight loss; abnormal liver function tests and an elevated C-reactive protein. An ultrasound scan of the liver showed appearances which were strongly suggestive of cirrhosis with portal hypertension. On 6th November 2001, the deceased was referred by his GP to a consultant gastro-intestinal surgeon at F Hospital, managed and administered by NB NHS Trust.
On 15th November 2001, a number of investigations were carried out, including 2 sets of blood cultures and a CT-scan of the abdomen with the liver showing evidence of multiple metastases.
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SH v B District Health Authority & Dr J: Failure to diagnose kidney stones leading to nephrectomy
SH reported to his GP on 1st May 1990 that he was passing painless blood in his urine (after sport).
There was a further episode on 30th March 1991. The GP behaved appropriately and referred SH to the Urologists at RU Hospital on 2nd April 1991.
On 28th May 1991, the hospital carried out an Intravenous Pyelogram (IVP), which showed a stone in the left kidney.
Thereafter, the patient was lost to follow-up, which should have been arranged when the result of that IVP became known. Nothing was said to the Claimant or to his GP by the urology team at the RU Hospital, and the patient continued to suffer pain and discomfort from his kidney.
In December 1992, the GP noted that the patient still had loin pain and haematuria, and the GP referred the patient back to the RU Hospital in December 1992.
By February 1993, the kidney stone had migrated into the ureter and SH underwent an (unsuccessful) operation to push the kidney stone back into the kidney.
Following that procedure, he underwent a nephrostomy and these procedures caused him a lot of pain. Then, fortunately, he managed to avoid an open operation, because it turned out that the stone was able to be fragmented by extracorporeal shock wave lithotripsy.
The Claimant claimed for the unnecessary pain and suffering that he had to suffer from the middle of 1991 and for the extra and more complex procedures that he had to undergo as a result of the stone having passed into the ureter.
TH v Dr G, Dr P and Dr C: Failure to diagnose kidney stones leading to nephrectomy
Background
In about May 1987, H developed some pain in her right loin area, it was a constant throb. She kept moving around to try and alleviate the pain, but to no avail. The attack lasted several hours; it faded away, and the next day, H didn’t feel too bad. She went to see her GP at FP Health Centre and was told she had a urine infection, which was treated.
This was the first episode of many right loin pain episodes and urinary tract infections between 1987 and 1992.
On 21st May 1992, H was referred to RU Hospital where radiology of kidneys, ureter and bladder, on 1st June 1992, showed a large staghorn calculus in the right kidney, and probably calculus in the left lower renal pole.
H continued to have right flank pain continually for 2 months, and thereafter suffered intermittent episodes of pain until in February 1993 she was admitted to RU Hospital for surgery, but because she had not had a proper history taken, the hospital did not realise she was on a contraceptive depot, and the operation had to be postponed. During March 1993, she was in uncontrolled pain, so that eventually she had to be admitted to hospital and given Diamorphine.
A right Nephrectomy took place on 22nd March 1993. H developed a wound infection, which was treated appropriately, and she required a blood transfusion.
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Physician's Negligence:Failure to recognise prosthetic valve endocarditis leading to patient's death
Background
"M" was a retired Miner who on the 27th June 2003 underwent surgery at hospital "A" to perform a coronary artery bypass and to replace his aortic valve with a biological mitraflow valve. The surgery was appropriately covered by prophylactic antibiotics and he was discharged from hospital "A" on 13th July 2003.
On the 18th August 2004, "M" attended his GP with a cough andf breathlessness, and his GP arranged for him to be admitted to NG NHS Trust by ambulance. He remained an in-patient at NG NHS Trust until the 29th August 2003.
The SHO on admission recorded the necessity to "R/O SBE", namely to rule out sub-acute bacterial endocarditis.
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JDME (on his own behalf and as administrator of the estate of JE deceased) -v-Swindon & Marlborough NHS Trust
Mrs E underwent a hysterectomy operation in September 2003 at the Great Western Hospital in Swindon. Following that surgery, unfortunately her condition deteriorated as a result of an area of internal bleeding, known as a haematoma, which in turn became infected and eventually resulted in complete organ failure. As a result of an alleged negligent delay in diagnosis and treatment of Mrs E’s condition which should have been clear from her abnormal test results, Mrs E died aged 67 years.
Mrs E’s husband, who was aged 64 years as at the date of the death of his wife, and 67 years as at the date of settlement, carried on the claim on behalf of himself and Mrs E’s estate.
Withy King represented Mr E at the 3 day Inquest hearing into the death of his wife, which resulted in a verdict of accidental death with a note of a failure to act upon test results showing a urine infection. In fact, independent expert evidence following the Inquest hearing showed that this reasoning was incorrect, and in fact Mrs E died as a result of the delay in acting upon the clear symptoms of her post-operative complications resulting from the internal bleeding and subsequent infection.
The claim eventually settled for £40,000 plus costs.
This claim was handled by Paul Rumley, Partner and Head of the Swindon/Marlborough Clinical Negligence Department.
This claim concerned a failure to interpret X-rays in an emergency department, as a consequence of which the claimant required unnecessary surgery. Although not an immensely valuable claim, the cost to the defendant was minimised by a sensible approach to settlement.
Background
The Claimant (C), a jockey, was unseated by a horse, which then kicked him in the face. He immediately attended the A&E department at the defendant general hospital (A). X-rays were taken, which C's experts later interpreted as showing clear radiological evidence of an orbital fracture. At the time, C was informed that he had simply suffered bruising and he could return to work within a week.
However, C was still in intense pain and could not open his jaw properly, and after two weeks away from work obtained a referral to a consultant oral and maxillofacial surgeon at another hospital for s surgical opinion.
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Trust Orthopaedic Spinal Surgery negligence – alleged failure to achieve adequate decompression following L4/L5 prolapse, leading to neuropathic bladder and chronic pain syndrome – ‘assault’ on ward leading to psychological injuries
Background
The Claimant suffers from Klinefelter’s Syndrome, and was born with a progressive radial ulnar synostosis of both arms. He also has a prior history of epilepsy. He left school with no qualifications, and was carrying out unpaid casual manual labour for his stepfather at the time of the accident that led to this litigation.
In December 1993, the Claimant suffered an L4/L5 disc prolapse while lifting a heavy pot in his parents’ garden. Although he complained of urinary symptoms in February/March 1994 to his General Practitioners, no onward referral for an orthopaedic opinion was arranged, merely a physiotherapy referral.
Eventually in April 1994, a Physiotherapist recommended an orthopaedic referral, and on 3rd May 1994 the Claimant was admitted to the Defendant General Hospital suffering from a moderate central L4/L5 disc prolapse that was indenting the theca, and causing pain and urinary problems, although there was no documented loss of perineal sensation.
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AJM (By Her Litigation Friend RM) -v- Bath & North East Somerset Primary Care Trust (Formerly Bath & West Community NHS Trust)
Paediatrician Negligence – Dysplastic Dislocation Of The Hip – Failure To Adequately Assess And Recognise Congenital Hip Dislocation – Adverse Long Term Sequelae For Child
The infant Claimant AJM (born 17th January 1996) was at all material times in the medical care of the Defendant. The Infant was born in a breech position. The Midwife noted “hips √√”. Two days later she was reviewed by Dr H, Paediatric SHO, who made no note of a hip examination.
Following discharge, AJM was examined by a Community Midwife, but, despite the fact that the mother was concerned about the way the child’s leg hung out of the cot, the Health Visitor assured her that there was no problem. The General Practitioner on the six week check purported to carry out an Ortolani-Barlow examination and found nothing abnormal. At the 9 month check, the General Practitioner again marked that the hips were “satisfactory”. Given the subsequent history, this must have been inaccurate.
By 3rd February 1997, the Health Visitor noted that the child was still “crawling, pulls to stand, will stand unsupported briefly”. Again, there was no examination of the hips recorded.
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C –v- A NHS Trust
Accident & Emergency/Radiologist's negligence
Failure to recognise orbital fracture leading to delay in corrective surgery
Background
C was a conditional Jockey “riding out” when on 6th September 2004 he was unseated by a horse, which kicked him in the face. He therefore immediately attended the Accident & Emergency Department at A General Hospital. X-rays were taken, which the Claimant’s experts interpreted as showing clear radiological evidence of an orbital fracture. The A&E doctor and checking Radiologist ignored the radiological evidence, and C was informed he had simply suffered bruising and he could return to work as a Jockey within a week.
However, C was still in intense pain and could not open his jaw properly, so after 2 weeks away from work, he obtained a referral to a Consultant Oral & Maxillofacial Surgeon at another hospital for a surgical opinion.
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X -v- Swindon & Marlborough NHS Trust
Failure or delay in diagnosis
Negligent severing of an artery during Total Knee Replacement
X, aged 64, underwent bilateral total knee replacements in July 2000. In the course of the left procedure, a sharp instrument placed behind the knee during the course of the surgery, injured part of the wall of the left popliteal artery. The complication was not recognised for two months and led to a much worse medical result. The Trust offered £4,000.00 in settlement. X consulted Withy King, and in the end, the NHSLA had to pay £30,000 damages and £23,000 costs.
Delay in Diagnosis
Mrs K - Delay in diagnosis on the cancer of the colon
The Plaintiff, a mother of three, born in 1962, first consulted the defendant GR in 1988, suffering from boils, weakness and lethargy. In 1989 she consulted him again with severe pre-menstrual pain, night sweats and wakefulness, and anxiety. In January 1990 she attended once more, complaining of a left-sided pain radiating across her stomach. No physical examination was carried out: the defendant simply administered a repeat prescription for painkillers.
The plaintiff’s pain persisted throughout the next three years. During 1991 she lost weight and suffered from unusual fatigue. In 1993 she began to experience hot flushes and unexplained sweating. In early 1994 the pain in the plaintiff’s side became more intrusive and she attended her GP again. Still no physical examination was carried out and the defendant prescribed medication on the basis on a diagnosis of sciatica.
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Mr D - Delay in cancer diagnosis
Mr D saw his GP in early 1999 suffering from bloating, constipation, loss of appetite and weight loss. He was diagnosed as having diverticular disease and was treated with laxatives. His symptoms continued to persist along with a chest infection that would not improve with antibiotics.
During 2000 and 2001, Mr D saw various consultants who conducted tests in order to determine the cause of his continuing bowl problems and persistent chest infection. By this stage, Mr D was also suffering from nausea and was vomiting black liquid and by June 2001his weight had plummeted by over five stone.
Mr D was admitted to hospital in October 2001 and following surgery it was discovered that Mr D was suffering from bowel cancer. Despite chemotherapy treatment Mr D died the following year.
Although earlier diagnosis of Mr D's condition would not have prolonged his life, earlier diagnosis and treatment would have provided him with a better quality of life until he died.
We pursued a claim of negligence against the healthcare trust on the basis that the Mr D's symptoms had not been fully investigated. If Mr D's condition been properly investigated the cancer should have been detected by December 2000 and appropriate treatment would have spared Mr D from 9 to 10 months of acute abdominal pain.
The claim was settled for a total of £8,500.
This case was handled by Simon Elliman, a Partner in our Bath office.
E -v- Royal United hospital Bath NHS Trust
E underwent an appendix operation at which time a 1inch piece of plastic was left inside his body. The presence of this foreign body was not diagnosed, and its removal undertaken, until 1 year after the operation.
During that year E suffered ongoing abdominal pain and vomiting which affected his ability to work as a self-employed lorry driver, and also ruined his Wedding day and honeymoon.
The claim settle for the sum of £8,500, representing £5,500 for 1 year of pain and suffering and £3,000 for financial losses for that same year.
M - v - The Home Office
M, a prisoner serving a life sentence, had previously suffered from vascular disease affecting his lower limbs as a result of which he underwent surgery.
M began to develop further symptoms of vascular disease affecting his lower limbs from April 1999 onwards. Unfortunately, despite those clear signs, M was not referred to a vascular surgeon until December 2000, and was not reviewed by a doctor until mid February 2001. By this time, M had developed a rotting ulcer on his left foot and therefore lost the two outside toes on that foot.
M received the sum of £16,000 for his pain, suffering and affects upon his everyday life.
This case was handled by Paul Rumley, an Associate Solicitor and member of the Law Society Clinical Negligence Panel, based in our Swindon office.
H -v- Gloucestershire Royal Hospital NHS Trust
Background
The Claimant, aged 74 at the time of bringing the claim, suffered from rheumatoid arthritis. In September 1996 he underwent a right total hip replacement. The operation was successful.
In November 1996, the Claimant fell, having slipped on some ice and twisted his right hip. On 21 October 1997 he was readmitted to hospital and underwent removal and replacement of the right hip prosthesis; again the operation was successful.
Following a routine review of the hip in February 1999 it was noted that the Claimant was suffering terrible pain down his right thigh. A bone scan revealed increased activity in the femur, close to the lower end of the prosthesis, which was considered to be highly suggestive of infection. The Claimant was started on a course of Flucloxacillin.
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D-v-Salisbury Healthcare NHS Trust (2004)
Out of Court Settlement 18/8/2004
The claimant, a widow, received £8,500 for the death of her husband following the failure to diagnose a caecal tumour in December 2000. The deceased suffered from acute abdominal pain, chronic constipation, drastic weight loss, nausea and intermittent vomiting. He also suffered from pleural plaques and pulmonary mestatases.
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Martyn John Pavier (widower & executor of the estate of Kay Madeleline Pavier (deceased))-v-United Bristol healthcare NHS Trust (2004)
The claimant, a widower, received £163,500 for the death of his wife following the failure to maintain continuous oxygen therapy in March 1999. The deceased suffered a cardiac arrest whilst in hospital which resulted in catastrophic brain damage. The deceased was subsequently diagnosed as being in a persistent vegetative state and a court order was obtained which allowed her to die in January 2001.
Claimant: Male: 38 years old at date of accident; 43 years old at date of settlement.
The claimant was the husband of the deceased (P). P died on 28 January 2001, aged 39.
Clinical Negligence: On 30 March 1999, P was admitted to the defendant hospital suffering from pneumonia.
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H–v-Avon & Western Wiltshire Mental Healthcare NHS Trust, Wiltshire Health Authority and another
In 1988, a Psychiatrist at Roundway Hospital in Devizes diagnosed temporal lobe epilepsy in the Claimant. During the course of 1988, the Claimant had begun to suffer episodes of temper loss. These episodes were described as occurring about twice a month. His GP referred him to the Consultant Psychiatrist, who undertook EEG's.
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General Practitioner Negligence
Harris-v-Bottomly
Missed Pneumococcal Septicaemia
The Plaintiff, a 45 year old man, pursued a claim for damages for medical negligence against the Defendants General Practitioner claiming negligent treatment on the 21st June 1992.
On 20th June 1992, the Plaintiff became ill. On Sunday 21st June 1992, the Defendant acting as a locum for the Plaintiff’s General Practitioner twice visited the Plaintiff’s home, once in the afternoon and again at midnight.
It was alleged that the Defendant twice failed to diagnose that the Plaintiff was profoundly ill, believing instead that he was suffering from a viral infection.
The Plaintiff’s girlfriend asserted that she had explained the nature of the Plaintiff’s symptoms to the General Practitioner and in essence there was a dispute of fact as to the extent of the physical examination that took place on both occasions and the nature of the symptoms displayed by the Plaintiff.
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Nursing
PGM -v- Royal United Hospital Bath NHS Trust
Negligently caused Pressure Ulcer
Allegations of Nursing Negligence: Pressure Ulcer in a Patient suffering from Multiple Sclerosis
Summary
The Claimant, born the 29th September 1962, was diagnosed with Multiple Sclerosis at the age of 19. The condition did not cause him really serious problems until about 1996/1997 when he began dropping things, stumbled and became forgetful. Up until this time, he had been fastidious about his appearance and personal hygiene. As a result of the disease, he had mild brain damage that caused him difficulties with expressing his needs and wishes for himself.
The Claimant's family cared for him at home. His former partner, the mother of his two sons, was his main carer. In 1998, Social Services provided a Home Care Assistant. In addition, the Claimant received considerable support from his General Practitioner's surgery with a District Nurse helping to care for him and visiting regularly. As his condition progressed, the Claimant became doubly incontinent and frequently bed bound, and therefore considerable care had to be taken by his carers to ensure that he did not remain inert for too long, because otherwise they knew there was a serious danger of his developing pressure ulcers.
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H –v- East Somerset NHS Trust
H began to suffer pain in his right thigh in February 1998, as a result of which he attended his GP, x-rays were undertaken and he was then sent to an orthopaedic surgeon at Yeovil District Hospital in or around May 1998. A bone scan was carried out showing an abnormality in the right thigh, but H was diagnosed as suffering from a non-malignant condition.
H returned to his doctor for review in early 1999, when further x-rays were taken and H was again reassured that he had a non-malignant condition despite increasing pain in his right thigh. H returned to his doctor earlier than planned in July 1999 as a result of ongoing pain, at which time yet more x-rays were taken, and he was again reassured that he was suffering from a non-malignant condition.
Unfortunately, in August 1999 H suffered a fracture to his right thigh at which time it was diagnosed that this was caused by an aggressive bone tumour in his right thigh. Despite prompt surgery, the delay in diagnosis and treatment of the cancer with the subsequent fracture, had allowed the cancer cells to escape into the surrounding tissue and the cancer returned and then spread to H’s lungs and brain, causing significant ongoing disabilities, and his eventual death in May 2005.
Unfortunately, despite the best endeavours of the firm, it was not possible to settle the case prior to H’s death as a result of the complexities of the case. The case continued on behalf of H’s estate, and was eventually settled for the sum of £127,500.
This case was dealt with by Paul Rumley, an Associate Solicitor in our Swindon/Marlborough offices, a member of the Law Society’s Clinical Negligence Panel and head of the firm’s Fatal Claims Unit.
