Case study: £40,000 settlement for delay in treatment for heart failure

Our medical negligence solicitors recently acted for two clients following the sudden death of their father due to a hospital’s delay in treating his heart failure.

Delay in GP appointment

Our clients’ father (Mr J) had a chest X-ray, which showed he had minor cardiomegaly, otherwise known as an enlarged heart. He returned to his GP throughout the year, complaining of the same symptoms. The GP made an urgent referral to the hospital cardiology department, telling him to call an ambulance if his symptoms worsened. Unfortunately, despite the urgent referral, Mr J did not receive an appointment.

Mr J later wrote to his GP stating that his cough was now more persistent, his breathing was substantially more difficult, and he was getting throbbing pains in his heart. He received an appointment from the hospital for a month’s time. As he was still feeling unwell, Mr J requested an urgent referral to the rapid-access chest pain clinic. His GP saw him at home and arranged admission to an A&E, with the view that his heart was failing.

Heart failure diagnosis

Mr J was admitted to hospital, where various tests and scans were carried out. He was diagnosed with heart failure. He was discharged a couple of days later, with an appointment with the cardiology department for a week’s time.

When he was seen again by the cardiology team, the consultant cardiologist saw the seriousness of his condition and admitted him to the intensive care unit. Unfortunately, the treatment Mr J received came too late, and he sadly passed away some days later from cardiomyopathy (the cause of his heart failure) and pneumonia, which he had contracted while in hospital.

Negligent discharge from hospital

Our medical negligence solicitors took legal action against the hospital on behalf of Mr J’s family to find out what went wrong with his treatment. The evidence we obtained from medical experts showed that the hospital should have kept Mr J in hospital the first time he was admitted, to monitor his condition, based on the abnormal results that his tests showed.

The hospital was negligent in discharging him when they had evidence that suggested his condition was much more serious than their diagnosis.

Our solicitors were able, with the help of independent experts, to find out what went wrong during Mr J’s treatment. They demonstrated this to the hospital, which accepted that he should not have been discharged.

The hospital disputed that our clients’ father would have survived with earlier treatment. However, we negotiated an out-of-court settlement of £40,000 for his family. The family also received an apology for the error which had been made.

Further information

If you’d like to speak to our medical negligence solicitors about a possible claim for a delay in treatment or diagnosis, call 0117 325 2929 or complete our online enquiry form.