Medical Negligence Case Studies

ACCIDENT & EMERGENCY CLINICAL/MEDICAL NEGLIGENCE CLAIMS
G -v- George Eliot Hospital

This claim concerned a failure in an A & E Department to diagnose a fracture of a cervical spine. Substantial damages were recovered for this medical/clinical negligence claim in Nuneaton.

T -v- Premier Health

The Claimant cut the tendons in his fingers whilst boning a chicken but on attending the hospital A & E Department they failed to exclude tendon injury with the result that primary repairs became impossible and the Claimant had to undergo five operations for tendon grafting.

Following a summons for directions this claim for medical/clinical negligence in Tamworth was settled for £25,000 representing £10,000 general damages and two years loss of earnings.

Re: C (A Minor)

Infant had an infected area on his abdomen which needed incision & drainage. It was alleged that there was medical/clinical negligence in Derby at the DRI , when the infant began to cry in pain and the procedure in A & E was not abandoned quickly enough. A settlement of £1,500 was approved by a District Judge at an infant settlement hearing.

TRAUMA & ORTHOPAEDICS CLINICAL/MEDICAL NEGLIGENCE CLAIMS

G -v- Dr B

The claimant underwent a left carpal tunnel release operation in the course of which she sustained median nerve damage, resulting in severe loss of function in her left hand and pain. The claim for medical/clinical negligence in Burton on Trent was settled for £25,000.

B -v- Good Hope Hospital

The claimant believed that his total right knee replacement operation was performed negligently in that the bone was cut at an inappropriate angle and the components attached in such a way that it left his knee with excess valgus. After proceedings were issued for a claim for clinical/medical negligence in Sutton Coldfield , a settlement of £7,500 was negotiated.

W -v- Good Hope Hospital

The Claimant underwent a right knee replacement operation but the prosthesis was not inserted in a correct alignment leading to a fracture, and in conjunction with an infection in the knee, this led to an amputation above the knee. A substantial settlement was negotiated on the claimant’s behalf after a report had been obtained from an architect suggesting she needed re-housing.

O -v- South Staffs. Health Authority

The client had a spinal injury medical/clinical negligence claim as a result of laminectomy during which there was damage to many nerves due to failure to remove enough bone to work safely. Reports were obtained from an orthopaedic expert, a neurologist, a psychiatrist, an occupational therapist, a nursing care expert, an oncologist, an architect and an employment consultant. Claimant’s pre-accident life expectancy was in dispute due to her previous lumpectomy and the multiplier had to be reduced. Because of the number of experts a fixed date trial had to be listed. Shortly before trial a settlement of £250,000 was concluded

R -v- Good Hope Hospital NHS Trust

This was a cauda equina syndrome clinical/medical negligence claim resulting from surgical being left in situ, despite the manufacturer’s instructions, after a laminectomy/discectomy, and post operatively, there was a negligent failure to diagnose and act upon neurological deficits, so that even after a decompression operation, claimant was left virtually as a paraplegic. Numerous reports were obtained and the claim settled on the eve of trial for £400,000.

NEUROSURGERY CLINICAL/MEDICAL NEGLIGENCE CLAIMS

S -v- University Hospital Birmingham

This claim for medical/clinical negligence in Sutton Coldfield concerned a blocked brain shunt which was not treated as an emergency, as a result of which the claimant suffered irreversible brain damage. The case was complicated on causation because of the claimant’s pre-existing brain damage. Proceedings were issued when the Defendant disputed liability and a five day trial was listed. A settlement of £ 750 , 000 was approved by a judge.

S -v- North Staffordshire Hospital NHS Trust

A cervical laminectomy failed to relieve compression and there was a failure to relieve this by further decompression surgery in the immediate post-operative period despite new neurological deficit which should have prompted an MRI scan. After proceedings were issued for this claim for clinical/medical negligence in Stoke on Trent , a settlement of £100,000 was negotiated.

R -v- Sandwell Health Authority

Fatal accident clinical /medical negligence claim arising out of surgery for the removal of a brain tumour after which the deceased developed a perforated abdominal viscus which was not treated appropriately and from which the deceased died.

Unfortunately the surgeon concerned died and the defendant’s expert mislaid the C.T. scan and a dispute arose over whether the tumour was sited in the right cerebella hemisphere, as the Claimant contended, or the brain stem, in which case the prognosis would usually be less than one year and exceptionally more than two years, and during the period of survival he would have been unable to undertake any work or carry out any significant household duties and hence, the dependency would be nil. Eventually a report was obtained from a neuropathlogist based on slides of the brain taken at an autopsy which indicated the tumour was in the right side of the pons and medulla, and a payment into court of £20,000 was accepted.

NURSING HOME CLINICAL/MEDICAL NEGLIGENCE CLAIMS

W -v- Maypole Nursing Home

Fatal accident medical /clinical negligence claim in Lichfield involving a resident of a nursing home caring for elderly residents with mental illness, falling down a flight of stairs. Following issue of proceedings a settlement of £8,500 was obtained.

CANCER CLINICAL/MEDICAL NEGLIGENCE CLAIMS

T -v- Dr W & Dr B

Over many years two GPs failed to diagnose a thyroid swelling in the claimant’s neck, about which she was complaining, as cancer, resulting in delay in diagnosis in treatment and consequent increased psychological suffering and risk of recurrence. Substantial damages were recovered.

E -v- Burntwood, Lichfield & Tamworth PCT

A fatal accident claim by a widow, whose husband tragically died as a result of the progression of a tumour in his hip, which could have been operated on and removed with a complete cure, had an x-ray been correctly read. The deceased’s pre-mistake life expectancy was hotly contested by eminent experts. The claim was settled for £110,000.

CARDIOLOGY CLINICAL/MEDICAL NEGLIGENCE CLAIMS

L -v- George Eliot Hospital

A fatal accident claim by the widow and young children of the deceased, who had been diagnosed with bacterial endocarditis and who required aortic valve replacement. Unfortunately whilst waiting for this, his situation deteriorated but this was tragically misdiagnosed by the hospital leading to his death. The deceased’s pre-mistake life expectancy was disputed by the parties’ cardiologists. The case progressed towards trial until the defendant raised its offer to £210,000 which was approved at an infant settlement hearing.

ANAESTHESIA CLINICAL/MEDICAL NEGLIGENCE CLAIMS

H -v- Sandwell Health Authority

After an operation on the Claimant to correct testicular torsion, he was extubated negligently and vomited and breathed in some of the vomit. He was re-intubated and taken to intensive care for ventilation and resuscitation. In the course of an attempt to insert a central venous line a right sided pneumothorax was induced necessitating the insertion of a chest drain. This left a disfiguring scar over the right chest wall where the chest drain was inserted. Damages of £10K were approved at an infant settlement hearing.

CEREBRAL PALSY CLINICAL/MEDICAL NEGLIGENCE CLAIMS

L -v- South Staffs Health Authority

The Claimant was an undiagnosed twin who suffered asphyxia after the midwife injected syntometrine after her twin was born, causing rupture of her sac and prolapse of her umbilical cord. She was born with dystonic tetraplegic cerebral palsy, resulting in limited mobility, a speech and swallowing impairment and significant learning difficulties.

Damages of 1.65 million recovered following a fiercely contested claim that was settled on the eve of trial.

BIRTH INJURY CLINICAL/MEDICAL NEGLIGENCE CLAIMS

The claimant suffered a profound hypoxic ischaemic episode causing permanent neurological damage. His mother’s CTG during labour showed deep decelerations indicating foetal distress as a result of cord compression but there was a failure to carry out an emergency caesarean. The claimant suffered marked and prolonged intrapartum asphyxia. He was born with a low Apgar score, suffered an early onset of severe or moderate neonatal encephalopathy, and has mild cerebral palsy of the spastic quadriplegic or dyskinetic type. His claim was valued in the region of £2 million.

BIRTH ASPHYXIA CLINICAL/MEDICAL NEGLIGENCE CLAIMS

The claimant’s daughter died in childbirth as a result of oxygen deprivation. Bereavement damages of £10K were paid by the hospital Trust, whose doctors ignored the signs of foetal distress.

ERB’S PALSY CLINICAL/MEDICAL NEGLIGENCE CLAIMS

Damages of £48,000 were awarded to a claimant, whose shoulders became stuck during his delivery, resulting in traction on the brachial plexus, and right Erb’s palsy leaving him with restriction of movement in the right shoulder, elbow and forearm. This could have been avoided if an episiotomy had been performed, his mother’s position had been changed and excessive force avoided.

PLASTIC SURGERY CLINICAL/MEDICAL NEGLIGENCE CLAIMS

D -v- Transform Medical Group

The claimant’s breast reduction surgery resulted in heavy scarring, insufficient breast reduction and asymmetrical breasts. A substantial settlement was negotiated after proceedings were issued.

OPTHALMOLOGY CLINICAL/MEDICAL NEGLIGENCE CLAIMS

C -v- Burton Hospitals NHS Trust

£136,000 in damages was recovered for the claimant, who had been left virtually blind in one eye after an operation on his sinus went wrong.

HISTO-PATHOLOGY CLINICAL/MEDICAL NEGLIGENCE CLAIMS

D -v- South Staffordshire Health Authority

In 1991 a biopsy was taken from Claimant’s left temple for histological examination but was negligently reported on. Following the correct diagnosis of malignant melanoma in 1993 Claimant underwent a number of excisions of the lesion and radiotherapy. An initial unfavourable report was obtained from a histopathologist but a second favourable report was obtained after proceedings had been issued. A causation report was obtained from a dermatologist and a condition and prognosis report from a maxillo-facial surgeon. Following exchange of experts reports a settlement of £10,000 was concluded.

GENERAL PRACTITIONER CLINICAL/MEDICAL NEGLIGENCE CLAIMS

P -v- Dr J

Claimant suffered from osteomylitis as a result of her G.P. not referring her earlier to an E.N.T. specialist for acute sinusitis. She underwent surgery and was left with an unsightly dent in her forehead which required plastic surgery. The experience was an intimation of her mortality and she gave up her job and did voluntary work. Reports were obtained on breach of duty from a G.P. and on causation from an E.N.T. surgeon, and on condition and prognosis from a maxillo-facial surgeon and a psychiatrist. Following issue of proceedings and the setting of the case down for trial, breach of duty was admitted, but causation was denied on the basis that the claimant’s treatment would have been the same no matter when the surgical procedures had been carried out. Shortly before trial an increased payment into court of £19,500 was accepted.

NURSING CLINICAL /MEDICAL NEGLIGENCE CLAIMS

L -v- Swansea National Health Service Trust

Claimant was treated for a perianal abscess in an operation. Kaltostat packaging was not removed due to a failure to note in the operating notes the number of packs used and a failure to recognise that not all the dressing material had been removed with the result that the claimant suffered an additional 2½ months of pain and suffering. Supporting report obtained from a clinical nurse specialist in tissue viability. Proceedings issued and damages of £1,000 obtained.

DERMATOLOGY CLINICAL /MEDICAL NEGLIGENCE CLAIMS

H -v- Burton Hospitals NHS Trust

Claimant suffered a severe sun-burn type of reaction as a result of a negligent overdoes of both UVA and UVB treatment for her psoriasis. Following issue of proceedings, damages of £4,000 obtained.

C -v- South Staffordshire Health Authority

Fatal accident claim by parents for death of infant son from a severe skin infection known as eczema herpeticum which was not diagnosed timeously so that the window of opportunity for treatment with acyclovir was missed. Reports were obtained from a dermatologist and paediatrician who identified breach of duty, and from a paediatric dermatologist establishing causation. Damages of £10,000 were recovered after the case was set down for trial.

PSYCHIATRIC CLINICAL /MEDICAL NEGLIGENCE CLAIMS

T -v- Burton Hospitals NHS Trust

As a result of the hospital negligently pumping fluids into her arm too quickly, due to a wrongly configured pump, infant claimant suffered from a needle phobia. A settlement of £4,000 was approved by the court.

PULMONARY EMBOLISM CLINICAL /MEDICAL NEGLIGENCE CLAIMS

N -v- Good Hope Hospital

The claimant’s wife was referred by her GP to hospital with a suspected deep vein thrombosis but the hospital consultant misdiagnosed her condition as pneumonia, and she did not consequently receive any drugs to prevent thrombosis, tragically resulting in her death from pulmonary embolism. Her widower eventually receive compensation of £120,000 after court proceedings in which the hospital denied liability.

ASTHMA CLINICAL /MEDICAL NEGLIGENCE CLAIMS

C -v- Sir Robert Peel Hospital

The claimant’s husband severe asthma attack led to his death after he had not been treated with a nebuliser and oxygen at the hospital, and his peak expiry flow had not been measured. Compensation of £100,000 recovered.