The case studies that follow are examples of clinical and medical negligence and also illustrate the breadth and type of work our team is involved with.
Please also see our articles about complaints procedures and funding that complement the information below.
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Surgery
Anaesthetic Awareness
During surgery the client had a period of anaesthetic awareness as a result of the vapour bottle being empty, as the Defendant had failed to check the equipment prior to surgery. The client recalled being awake for a few minutes but was unable to alert the doctors or medical staff to this. Only when the client started to choke did the Anaesthetist become alert to the fact that the client was conscious.
The client suffered from anxiety, nightmares, was very tearful and required antidepressant medication. The client was diagnosed with a specific anxiety disorder, the focus of this being the fear of further surgery, which was required due to her medical condition.
The Defendant admitted liability and settlement was negotiated in the sum of £10,000.00 without the need to commence Court Proceedings.
Georgina Peckett
Accident and Emergency
Failure to diagnose Angina, which resulted in the death of the patient
The Deceased attended A&E complaining of chest pains and shortness of breath. A diagnosis of indigestion was made and the Deceased was discharged without further follow up.
Two days later the Deceased returned to A&E complaining of continuing chest pain radiating into both arms. A diagnosis was again made of indigestion and he was discharged despite ongoing chest pains. The following day the Deceased died at home from a cardiac arrest as a result of unstable angina.
It was alleged that had the Deceased should have been admitted with a diagnosis of unstable angina.
He would have received immediate treatment, although it was unlikely that the cardiac arrest would have been prevented. However, this would have occurred in the Hospital and the Deceased would have survived resuscitation.
The Defendant denied liability and therefore Court Proceedings were commenced. Settlement was eventually agreed in the sum of £57,000 shortly before Trial.
Georgina Peckett
Birth Injury
Erbs Palsy
The client was born with an Erbs Palsy injury, affecting his left shoulder and arm. Following a prolonged labour, a decision was made to deliver the client with the assistance of forceps. Excessive traction was applied whilst attempting to deliver the client, who was subsequently born with extensive bruising from the forceps on the side of his face and over the left shoulder. The client suffered an Erbs Palsy injury to the left shoulder as a result of the excessive traction applied during his birth.
The client underwent physiotherapy as a child. He has a physical disability with reduced movement and grip in his left arm and hand. He has been able to gain employment, however, he has not been able to reach his full earnings potential as a result of his disability.
Liability was not admitted but a settlement of £205,000 was negotiated shortly before Trial.
Georgina Peckett
Cancer
Delay in diagnosis of Testicular Cancer, which resulted in the death of the patient
The Deceased attended A&E and his GP on a regular basis over a period of 14 months complaining of increased testicular pain and swelling to his right testes. Brief examinations were performed, painkillers and antibiotics were prescribed and the Deceased was reassured that there was nothing to be concerned about.
After 12 months a second lump appeared on the right testes and the GP referred the Deceased to the Urologists for review, although he failed to utilise the two weeks cancer referral process. Following examination by the Urologists, the Deceased was diagnosed with stage 4 large germ cell tumour of the right testes with multiple lung metastases.
An urgent radical orchidectomy was arranged. Following histopathological review, the diagnosis was confirmed as stage 4 germ cell tumour of the right testes with grossly elevated AFP, lung, liver and spleen metastases, placing him in the poor prognosis group.
The Deceased subsequently underwent chemotherapy, with a view to thereafter undergoing surgical resection of the lung metastases. However, following CT scan of the head, a complex metastatic process in the right frontal lobe was confirmed. Despite further chemotherapy, radiotherapy and a craniotomy, the Deceased died, aged 18 years. The Deceased did not have a partner or children.
Following investigations, a Letter of Claim was submitted to the GP and Hospital Defendants for the delay in diagnosis of the cancer. If the testicular cancer had been diagnosed in a more timely manner, the Deceased would have required surgery only and would have had a 99% survival rate. Liability was admitted and damages were agreed in the sum of £65,000 without the need to commence Court Proceedings.
Georgina Peckett
Delay in diagnosis of Lung Cancer, resulting in the death of the patient
The Deceased attended at A&E complaining of chest pain, lethargy and disorientation. A chest x-ray was arranged and reported as showing consolidation on the right hand side, however, the Deceased was discharged home without further investigation taking place.
Two months later, the Deceased returned to A&E complaining of chest pain and a CT scan took place. The CT scan was reported as showing an irregular filling defect in the right main pulmonary artery, which was said to be suggestive of a clot. The Deceased was discharged home two days later without further investigation taking place. After a further two months, the Deceased was diagnosed with lung cancer. Palliative chemotherapy and radiotherapy took place however, the Deceased sadly passed away five months later.
Our Expert concluded that, the diagnosis should have been made within one month of the Deceased first attendance in A&E and treatment started. However, given the type of lung cancer from which the Deceased suffered (metastatic non-small cell lung carcinoma) early diagnosis and treatment would not have prevented her death or prolonged her life. The effect of treatment would have been to reduce the level of pain and suffering for a six month period and to allow the family more time to come to terms with the Deceased’s condition. A settlement of £7,500 was reached.
Kate Brook
Delay in diagnosis of Oesophageal Cancer, resulting in the death of the patient
The Deceased was suffering from epigastric pain and reflux. The Deceased was referred to the Hospital and underwent an endoscopy, which revealed Barrett’s Oesophagus. A repeat endoscopy was due to take place in two years to monitor the Deceased condition. Due to an administrative error the repeat endoscopy was not performed for a further four years, following deterioration of the Deceased’s symptoms. Following the repeat endoscopy the diagnosis of oesophageal cancer was made and surgery recommended.
Following surgery a tracheostomy was performed, during which a tear to the trachea occurred. Although this was noticed immediately, it was not repaired. The Deceased went on to develop sepsis and died as a result of the post surgical complications.
Following service of Court Proceedings, the Defendant admitted liability in connection with the failure to perform the repeat endoscopy. Had it been performed the diagnosis would have been made two years earlier, surgery would have been straight forward, a tracheostomy would not have been necessary and the Deceased would have had an 80 to 100% five year survival rate. The Deceased left a widow. Damages were agreed in the sum of £79,000.
Georgina Peckett
Dental
Fracture to the jaw during tooth extraction
The client had pain at the site of his upper right 7th tooth. He sought advice from his dentist, who, following an x-ray, recommended extraction. During the extraction the client suffered from a fractured jaw caused by the dentist’s failure to notice that the x-ray indicated that extraction may be difficult and to therefore refer the client to the dental hospital for surgical extraction and failure, when it was clear that the no progress was being made during the extraction, to stop and refer the patient to the dental hospital.
As a result of the fracture to the jaw, the client required surgery to reduce the fracture. The client suffers from ongoing pain on opening his jaw. Liability was not admitted but a settlement of £8,500 was negotiated following a Letter of Claim being served.
Kate Brook
GP
Wrongful Prescription of Steroids
The client was diagnosed with Multiple Sclerosis and was initially prescribed high dose steroids by the Hospital. It was intended that the steroids only be prescribed for a short term but the Hospital did not convey this to the clients GPs.
The GPs provided repeat prescriptions for the steroids for approximately 12 months without any bone protection medication. The client was subsequently diagnosed with steroid induced osteoporosis having suffered fractures to his spine. Despite this diagnosis, neither the Hospital nor the GP stopped the prescription of high dose steroids, nor did they commence bone protection medication. The client suffered a permanent deformity in the spine, from a period of unnecessary pain and was at risk of suffering further fractures as a result of the prolonged prescription.
We proceeded with the claim against the Hospital and the GPs. The claim was complicated due to the client’s underlying mobility problems associated with the diagnosis of Multiple Sclerosis. The Defendants did not admit negligence but settled the claim in the sum of £45,000.
Georgina Peckett
Orthopaedic
Incorrect surgery recommended and performed for the removal of bunions
The client suffered from painful bunions. She sought treatment on a private basis from an Orthopaedic Surgeon, who recommended a bilateral Keller’s procedure. He failed to discuss any alternative options with her and any risks of the surgery despite the fact that the client had made the Defendant aware that she had an active lifestyle, she had two young children and she was self employed. The client was reassured that she would make a full recovery within a period of six weeks and therefore proceeded with the operation.
Following the surgery, the client suffered from recognised complications of the surgery resulting in permanent pain in the balls of her feet and shortened big toes, affecting her walking and balance. The client required assistance with household chores and was only able to work reduced hours. Had the client been warned of the risks of the operation and had alternative options been discussed with her, she would not have proceeded with this particular surgery. Liability was not admitted but a settlement of £72,000 was negotiated after the commencement of Court Proceedings.
Georgina Peckett
Plastic Surgery
Breast Augmentation
The client attended a private Plastic Surgeon with a view to undergoing breast augmentation surgery. At the initial consultation with the Defendant, the size of implant and surgical method was agreed. On the morning of surgery, the Defendant changed both the size of implant and surgical method, simply advising the client that this would be better for her. The client was very shocked and felt vulnerable and unsure about her position and her right to cancel at that stage. She therefore reluctantly agreed to undergo the surgery. She was not given time to consider consenting to the changes.
The client was not happy with the result of the surgery in that she had now been left with vertical scarring on her breasts, she had small “dog ears” at the bottom of her breasts and suffered the “bottoming out” deformity of the breasts, as a result of a vertical incision. The client also suffered a psychiatric reaction to the appearance of her breasts which was ongoing. She required further corrective surgery. Liability was not admitted but a settlement of £50,000 was negotiated after the commencement of Court Proceedings.
Georgina Peckett