Nursing care

D v Oxford Radcliffe Hospitals NHS Trust
W v Weston Area Health NHS Trust
A.L.M & L.S.M –v- Royal United Hospital Bath NHS Trust
CLS- v-Royal United Hospital Bath NHS Trust
PGM -V- Royal United Hospital Bath NHS Trust

D v Oxford Radcliffe Hospitals NHS Trust

Mrs D went in for her first baby and during the labour was given an epidural for pain relief. There was no negligence attached to the epidural however Mrs D was left in the same position for approximately 2 to 3 hours possibly lying on wet sheets following the insertion of the epidural. As a result she developed scarring on her buttocks which further developed into a Grade 2 pressure sore requiring dressings for approximately 6 weeks. The scarring developed a keloid appearance and continues to cause minor discomfort. There was no loss of earnings.

Damages agreed at £7,000.00. 

This case was handled by Judith Leach, a Barrister in our Oxford office. The case settled with no expert report necessary as Judith had the necessary expertise. This case is now used by the Defendant Trust as a teaching case.

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W v Weston Area NHS Trust

During the late 1990s the Claimant developed pain in both his knees. In March 2005 he underwent a total knee replacement at a hospital in Cardiff and made a full and uneventful recovery.

On 30 July 2005 the Claimant underwent a total replacement of his right knee at the Weston –Super-Mare General Hospital. The operation took place at noon on 30 July 2005 and the surgery lasted about 50 minutes. Once he came round from the general anaesthetic, the Claimant became conscious of a throbbing pain in his right foot. As the pain worsened he mentioned the problem to members of the medical team. However, the Claimant was informed that there was nothing to be concerned about and the foot was not examined.

During the evening of 30 July 2005, the throbbing pain developed to such an extent that the Claimant asked a nurse to investigate the cause. A nurse attended and the Claimant asked her if she could do something to ease the pain. The nurse then proceeded to massage his foot. Again the foot was not examined and no further action was taken by any members of the medical team.

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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.

A.L.M & L.S.M –v- Royal United Hospital Bath NHS Trust

The infant Claimant ALM (born 05.03.1994) was admitted to the Defendant Trust Hospital in Bath for a routine hypospadias repair on Tuesday 6th August 1996.

He was discharged on the evening of Wednesday 7th August 1996 around 7.00pm, informally. By Friday 9th August 1996, ALM developed urinary retention and renal failure, and had to be admitted to the Intensive Care Unit in the Bath hospital before being transferred to Bristol Royal Hospital for Sick Children. There he had to undergo debridement procedures due to extensive post-operative infection of the genitalia.

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Infant Extravasation Injury

CLS- v-Royal United Hospital Bath NHS Trust

The Claimant was admitted to the Royal United Hospital in Bath for treatment of an upper respiratory tract infection on the 27th January 1998. He was one month old. Intravenous fluids were delivered through an IVAC. The infusion was made up of 10% Dextrose and electrolytes. On 29th January at 21.30hrs the pressure alarm sounded. The infusion site was checked, and the cannula remained sited in the veins, and infusion recommenced. However, at 09.45hrs on 30th January, the infusion line was discovered to have extravasated, resulting in gross swelling of the left hand and fingers, and tissue damage was observed to the back of the infant claimant's hand.

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PGM -V- Royal United Hospital Bath NHS Trust

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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