Please click on the titles to read the following case reports:
C – v- West Hertfordshire Hospitals NHS Trust
Mrs W (on her own behalf and as administratrix of the estate of Mr W deceased) and MW (by her mother and litigation friend Mrs W) and SW (by her mother and litigation friend Mrs W)–v- Gloucestershire Hospitals NHS Foundation Trust
R (on her own behalf and as executrix of the estate of ER deceased) – v- University Hospitals Bristol NHS Foundation Trust
C (Deceased) -v - NB NHS Trust: Physician’s negligence – infection control – failure to control infection leading to patient’s death
M - v - HG NHS Tust
JDME (on his own behalf and as administrator of the estate of JE deceased) v Swindon & Marlborough NHS Trust
Martyn John Pavier (Widower & Executor of the estate of Kay Madeline Pavier (deceased)-v-United Bristol Healthcare NHS Trust (2004)
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.
Mrs W (on her own behalf and as administratrix of the estate of Mr W deceased) and MW (by her mother and litigation friend Mrs W) and SW (by her mother and litigation friend Mrs W)–v- Gloucestershire Hospitals NHS Foundation Trust
Mr W deceased was aged 43 years as at the date of his death on 04.06.05. The First Claimant, Mrs W, was aged 38 years as at the date of the negligence and 42 years as at the date of settlement. The Second Claimant, MW, was aged 6 years as at the date of the negligence, and 11 years as at the date of settlement. The Third Claimant, SW, was aged 4 years as at the date of the negligence and 9 years as at date of settlement.
In June 2005, Mr W collapsed unexpectedly at home and lost consciousness. He was therefore taken to Cheltenham General Hospital, where various tests were carried out, one of which indicated a possible cardiac problem. Unfortunately this was not appreciated and acted upon, and therefore Mr W was discharged with a diagnosis of having suffered a faint. Within a couple of hours of discharge, Mr W suffered a second, fatal collapse at home in front of his wife and was pronounced dead.
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R (on her own behalf and as executrix of the estate of ER deceased) – v- University Hospitals Bristol NHS Foundation Trust
The deceased, ER was 71 years of age as at the date of the alleged negligence and died in March 2006.
This was claim was handled by Paul Rumley, Partner and Head of the Swindon/Marlborough Clinical Negligence Team.
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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M (Dec'd)- v- NG NHS Trust:Physician's Negligence:Failure to recognise prosthetic valve endocarditis leading to patient's death
"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.
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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Please click here to read "Legislating for the right to die" by Paul Rumley (The Law Society's Gazette, September 2004)
