According to a 41-page NHS strategy document, delays, misdiagnosis and poor treatment in Accident and Emergency (A&E) departments are more…
Medical negligence client stories
Here are some recent success stories from our clients. For free initial advice and to discuss a potential medical negligence claim with one of our specialist solicitors, call us on 0117 325 2929 or complete our online enquiry form.
Negligent treatment for fractured hip leads to delay in bowel cancer diagnosis | £120,000 settlement
Our client suffered a fractured hip and was admitted to hospital where they suffered a grade 4 pressure sore on their lower back as a result of negligence. This took several years and operations to heal. In the interim, our client suffered change of bowel habit and experienced ‘red flag’ symptoms of bowel cancer. Liability in relation to the pressure sores was admitted early in proceedings, however, a stay was invoked due to the client’s ill health and terminal illness.
After our client’s death, a further investigation was carried out for the delay in bowel cancer diagnosis. Although liability was denied for the delayed diagnosis, the parties entered into settlement discussions and we put forward an offer on behalf of our client for £120,000, which the Defendant accepted.
This was a complex causation case with the delay in diagnosis of cancer being part of the causation argument of the pressure sore claim. This argument revolved around the fact our client was not a UK resident and the argument was that, if not for the pressure sore, they would have returned home and when their cancer symptoms began, would have gone to hospital where appropriate treated could have started and they would not have died.
Delay in ischaemia diagnosis leads to amputation | £1,050,000 settlement
Our client was admitted for a total right knee replacement and during which their popliteal artery was damaged. This led to an insufficient blood supply to their leg which was not identified for many days, and as a result our client required an above-knee amputation.
Witness statements and expert reports were drafted and served in line with the directions by both sides, and experts instructed included rehabilitation, physiotherapy, care, prosthetics, accommodation and life expectancy. The Defendant’s life expectancy expert had concluded that our client would survive a further six years post trial, compared to the client’s life expectancy expert who considered they would have a normal life expectancy (18 years).
There was also some disagreement initially about the most appropriate type of prosthesis. On behalf of our client we made a pre-trial settlement offer of £1,050,000. Trial bundles were prepared and both parties were present for the first day of trial where the Defendant accepted our client’s settlement offer.
Infant suffers cerebral palsy after hospital failures to monitor blood pressure | £3,500,000 settlement
Our client, an otherwise healthy six-week old baby, was admitted to hospital with a virus. As a result of a failure to monitor her blood pressure, she suffered brain damage leading to cerebral palsy, meaning that she will need 24 hour care for the rest of her life.
Following the letter of claim, liability was agreed. A significant number of experts were required to undertake multiple visits to see our client and witness statements were drafted and served alongside seven expert reports. Our client achieved a settlement in the lump sum of £3,500,000 plus periodical payments of £300,000 for life.
As well as the satisfaction of bringing this case to a successful conclusion, we were particularly grateful to receive the following feedback from the client’s mother:
“We are over the moon with our solicitor. We believe that she went over and beyond what we thought would happen. We can’t say thank you enough. We always had contact, messages passed on and always had fast replies. We would highly recommend this firm to anyone. Outstanding solicitor.”
Crohn’s sufferer has cardiac arrest after hospital fails to provide nutritional support | £3,650,000 settlement
Our client suffered from Crohn’s disease and during their time as an inpatient at hospital, as a result of a failure to monitor and provide the correct nutritional support, developed Wernicke’s Encephalopathy and had a cardiac arrest. They suffered brain damage including loss of cognitive function, poor short-term memory and mobility issues meaning that they will remain dependent on others for the rest of their life.
Following a mutual exchange of neurology and neuroradiology reports, liability was agreed. A significant number of experts were required to undertake multiple visits to see our client and witness statements were drafted and served alongside 13 expert reports. Our client achieved a settlement in the lump sum of £3,650,000 plus periodical payments of £158,000.
Failure to spot diabetes leads to life-altering changes for child | £1,050,000 settlement
A hospital failed to act on our client’s signs of gestational diabetes preceding the birth of their child, with no ultrasound being carried out to identify a large baby. Had the clinicians known of the size, a C-section would’ve been carried out, however the child was born at 41 weeks by a forceps-assisted delivery. The child was diagnosed with a left Erb’s Palsy and physiotherapy was unsuccessful, meaning the child developed a shoulder dislocation which required surgery to reduce it. The child was noted to have persistent deformity to their glenoid and underwent further surgery three years later.
The child has surgical scarring and shortening of the arm about which they are self-conscious and means that they require assistance with dressing and personal hygiene. The child has been diagnosed with post-traumatic stress disorder (PTSD) because of their Erb’s Palsy and the associated physical limitations, time spent in plaster, absence from school and impact on family life. They won’t be suited for any occupation requiring the use of their left arm above shoulder height and therefore will need domestic assistance. They are at risk of developing premature osteoarthritis which will cause increasing pain and there’s a 10% chance of them developing more significant pain which will not respond to painkillers, necessitating a total left shoulder replacement.
The child lived in local authority housing and their claim included additional cost of private rental accommodation for a limited period in order that property adaptations could be effected. Liability was admitted and the case was settled for £1,050,000.00.
Amputations of toes and leg following infection from dog bite | £1,750,000 settlement
Mrs C, a 53-year-old woman, received £1,750,000 after she developed an infection from a minor dog bite. The medical staff at the hospital failed to notice that the patient had contracted a bacterial infection, capnocytophaga canimorsus bacteraemia, from the bite and treated her for bacterial gastroenteritis.
As a result of the misdiagnosis, the patient experienced septic shock, disseminated intravascular coagulation and purpura fulminans resulting in peripheral tissue damage to the face, loss of effective splenic function, resulting in the later development of pneumococcal pneumonia and septicaemia. The patient also suffered peripheral tissue damage to the feet and face, requiring reconstructive surgery to the feet, including amputation of four toes on the left foot and three toes on the right foot. Following the episode of severe pneumonia as a result for her asplenia, she underwent a left below-knee amputation and was likely to undergo an amputation of the right leg within three years of the settlement date.
The case was settled out for court with a settlement of £1,750,000 total damages including CRU payments.
Multiple errors in surgery and treatment results in permanent disability | £1,400,000 settlement
Our client, Ms T, was admitted to hospital suffering from isthmic spondylolisthesis, a spinal cord condition which caused one of her spinal vertebra to slip forward on to the vertebra beneath it.
Initial surgery was unsuccessful and a second operation revealed that the type of implant our client had received had not been correctly recorded during her first operation. As the hospital didn’t have the right surgical instruments to complete the operation, a third procedure was scheduled for two weeks later.
During this operation, it was revealed that the screws inserted in the first operation had come loose. Additional spinal fusion was also required, involving a cage, rods and a bone graft. Only one scan was carried out during the surgery and this was done before any of the implants were inserted. No scan was conducted to confirm the position of the cage.
Following the operation, the patient complained of pain in her right leg and hip, as well as numbness and loss of flexibility. She was reassured that this would gradually resolve itself and she was discharged with no further scans taking place.
Our client continued to experience agonising pain, numbness and heightened sensitivity. Finally, a new X-ray scan confirmed that the cage had shifted position and was pressing down on a nerve root. Further surgery was required to fix this. As a result of the various errors in her surgery, Ms T experienced permanent nerve damage and is now significantly disabled and will be unable to work for the rest of her life. After a thorough investigation of our client’s medical records we identified appropriate medical experts to assist her and issued a claim for compensation on her behalf.
Thanks to the expert medical evidence that we obtained and the detailed documents we prepared laying out all of our client’s past and future losses, including her lost earnings, pain, suffering and additional needs created by her disability. The hospital trust, initially admitted they were at fault, but subsequently attempted to backtrack on this. However, we opposed this fiercely in court and were able to have their application dismissed resulting in an out of court settlement of £1,400,000 that we hope will go some way to helping Ms T rebuild her life.
Misdiagnosis of Hodgkin’s Lymphoma | £1m settlement
Our client, Mr G (aged 24) was referred to hospital due to a lump in his neck. This was due to underlying Hodgkin’s Lymphoma (blood cancer), however he was misdiagnosed with tuberculosis.
He started anti-tubercular treatment which caused muscle spasms, nausea and temporary loss of colour vision. He also suffered nerve damage in his hands and feet which caused extreme pain and left him unable to walk.
Once Hodgkins Lymphoma was diagnosed, Mr G received Rituximac chemotheraphy, which left our client infertile.
Our client can’t climb the stairs unaided or walk far. He needs daily care and will use a wheelchair in the future. We claimed for help and equipment, as well as single story accommodation for him and his family. He’s unable to work and so we claimed a salary and pension to compensate him for future loss of earnings.
Broken hip prosthesis | £250,000 settlement
Ms R underwent a total hip replacement and was advised that the prosthesis would last approx. 20 years.
After 9 years our client experienced intense pain in her hip as a result of the prosthesis having fractured. Testing of the prosthesis confirmed that it was inappropriately designed and not manufactured to specification.
Mrs R required revision hip replacement surgery and ongoing treatment. She also experienced further hip dislocations.
Dental periodontal disease | £28,000 settlement
Miss S used the same dentist between 1991 and 2009, during which she attended 17 appointments. In 2004 she noticed her front teeth were loose and was advised to change her toothbrush and toothpaste.
Our client was referred to a dental hospital in 2009 and was diagnosed with advanced periodontal disease (gum disease).
A specialist in periodontal examinations confirmed if her dentist had diagnosed gum disease in 1991, our client wouldn’t have lost four teeth. This is despite our client suffering bone loss in 2004 which indicated that the disease was at a significantly advanced stage.
The damages recovered enabled our client to pay privately for dental implants and their future maintenance, as well as compensation for her pain and suffering
Cancer diagnosis | £420,000 settlement
Mrs H was diagnosed with cervical cancer in April 2010 and underwent a radical hysterectomy and removal of pelvic lymph nodes. An audit carried out by the hospital revealed that a smear test taken in November 2006 was wrongly reported as negative when it actually showed abnormal cells.
If this had been identified in 2006, Mrs H would’ve only needed a minor procedure (LLETZ) and would’ve avoided the hysterectomy. This left our client with pains in her abdomen, pelvis, perineum and legs, thought to be caused by nerve damage from surgery. She also developed irritable bowel syndrome and psychiatric injuries.
Our medical negligence solicitors brought an action against the hospital alleging that the incorrect reporting of the initial test in 2006 had resulted in the diagnosis of cancer four years later and subsequent invasive surgery.
The claim was settled before the need to involve any medical experts from the hospital for £420,000.
Loss of vision in one eye | £425,000 settlement
Our client was having intermittent treatment for dry eye syndrome when she underwent cataract surgery. Following treatment she developed an infection, which the hospital failed to properly diagnose and treat.
This led to a substantial loss of vision in that eye and had a serious impact on our client who already had some vision problems in her other eye.
She had previously consulted another legal firm who told her that she didn’t have a claim and wasn’t entitled to compensation. However we thought it merited further investigation and agreed to take on the case.
We eventually settled out of court for the significant sum of £425,000 plus our client’s legal costs.
Below knee amputation | £900,000 settlement
Mr D received £900,000 after the vascular surveillance team failed to operate on his popliteal aneurysm. As a result our client underwent a left below the knee amputation and now relies on a prosthetic limb.
As well as achieving settlement at an early stage, careful negotiations achieved 12.5% more than the Defendant was originally offering. This has enabled Mr D to buy and adapt a more suitable home, purchase better quality prosthetic limbs and employ professional carers.
Testicular torsion | £75,000 settlement
Mr W received £75,000 after A+E twice failed to diagnose testicular torsion. As a result Mr W lost a testicle – a significant loss to a young man, both physically and psychologically.
We claimed for the loss of the testicle and the psychological aspects of this injury as well as loss of earnings, psychological therapy, the cost of having a prosthetic testicle fitted and the costs associated with sperm storage.
Gynaecology injury | £25,000 settlement
As an alternative to a hysterectomy, Ms W underwent an ablation procedure to remove the thickened lining of her womb. However an error by the surgeon in operating the equipment caused boiling water to leak into Ms W’s vagina. This caused serious burns which took a considerable time to heal.
Delay in diagnosing foot injury | £50,000 settlement
Mrs L received £50,000 after A+E and various medical professionals failed to diagnose her Lisfranc injury for almost two years. This delay in diagnosis led to unnecessary suffering and she needed to undergo surgery which could have been avoided had the injury been picked up earlier.
Substandard hip replacement claim | £100,000 settlement
Mrs D received £100,000 compensation following a hip replacement operation which left her with one leg longer than the other, sciatic nerve damage and a partial foot drop.
Patient reaction to incorrect prescription claim | £60,000 settlement
Our client, Mr A, who had a known allergy to penicillin, visited his GP in October 2013 after feeling unwell with a painful chest and headache. He asked his GP for an examination and was prescribed amoxicillin, which contains penicillin.
Our client took the capsules as prescribed and shortly after, developed anaphylaxis and began to feel tingling in/around his lips. He also had difficulty speaking. In addition, he began to experience uncontrollable itchiness, which caused him to scratch his body, leading to severe lesions. Soon after, our client’s face and tongue began to swell and he found himself unable to breathe.
He was admitted to hospital for anaphylactic shock and has since developed post-traumatic stress disorder. He has also gone on to develop panic disorder and recurrent depressive disorder of moderate severity.
We sent a letter to the client’s GP explaining his injuries and losses. In response, the doctor offered to settle the claim without admitting liability. The GP subsequently admitted that giving our client the wrong prescription had been an avoidable mistake, but denied that this could have caused him a psychiatric injury. In response, we showed through evidence from independent psychiatric experts that our client had in fact developed psychiatric injury due to the GP’s negligence. The defendant then admitted responsibility for this and the case was settled out of court for £60,000, which will help our client get the support he needs.
Misdiagnosis claim | £90,000 settlement
Mrs S received £90,000 after a hospital failed to diagnose a re-dislocation of her elbow. As a result of the hospital’s error she had to undergo several further operations and suffered nerve damage reducing the functional use of her hand and wrist.
Nerve damage claim | £45,000 settlement
Mrs L received £45,000 after a surgeon accidentally severed the ulnar nerve in an operation to correct Carpal Tunnel Syndrome. The nerve damage mean that she was unable to use her hand properly and needed help with her housework and gardening.
Wrong medication claim | £38,000 settlement
Ms F, who suffers from a serious chronic illness, was given lidocaine instead of saline causing her to collapse. It was a very traumatic experience and she developed post-traumatic stress disorder and a phobia of hospitals. She received £38,000 in damages.
Misdiagnosis of eye injury claim | £575,000 settlement
Mr B suffered injury to his right eye following an assault. He was admitted to A+E and assessed by a locum who prescribed eye drops and advised him to return after the weekend.
However our client actually had an undiagnosed eye injury that required immediate medical treatment with antibiotics. Over the next two days, his eyesight deteriorated and doctors were unable to save his sight.
As Mr B was already blind in one eye, he suffered total loss of vision as a result of medical negligence. We successfully settled his claim for £575,000 one month before trial.
Cervical cancer claim | £350,000 settlement
Mrs W was diagnosed with advanced cervical cancer three years after undergoing a cervical smear test. A review concluded that her smear test had not been properly reported. As a result, she underwent a radical hysterectomy that included lower lymph node removal. She developed lower limb swelling as a result.
The defendant admitted medical negligence at an early stage, but disputed the effects of the surgery. Following expert evidence however, our client successfully settled her claim for £350,000 six months before trial.
Leg ulcer claim | £75,000 settlement
Mr C received compensation following the mismanagement of a leg ulcer by practice nurses. As a result of medical negligence, the infection in our client’s leg ulcers spread to his artificial knee joint, causing it to be removed. Our client settled for £75,000 two months before trial.
Cardiac arrest following delayed diagnosis of a sigmoid volvulus | £20,000 settlement
Mr X, a 28-year-old man, died from a cardiac arrest following a delayed diagnosis of a sigmoid volvulus in September 2014. Following an out of court settlement, the claimant, Mr X’s father Mr C, received £20,000.
On 21 September 2014, Mr C took his son Mr X, who had an autistic-type disability, to see the defendant out-of-hours GP (Mr D) as X had been suffering abdominal pain for two days, which had not been relieved by over-the-counter medication.
Mr D examined X and recorded that he had a tympanitic abdomen and tinkling bowel sounds, which he treated as constipation. Mr C informed D that X had opened his bowels that day and so constipation seemed unlikely but D advised him that X might have a constipated stool higher up the rectum. D prescribed an aperient, Laxido, and told C to give X a larger dose of four sachets in the beginning, followed by the remaining treatment to be taken at two doses per day. X was prescribed treatment to cover 13 days.
C treated X using the Laxido, but X became nauseous and so C checked the packaging and discovered that a side effect of the medication was nausea and vomiting. C assumed that the medication was the cause of the symptoms, but read on the package that it should not be given for more than three days. C ceased administering it, but a few days later X’s abdomen had become more distended.
C arranged for X to see his GP that day, but whilst waiting for the appointment X collapsed and was taken by ambulance to hospital. On the way, he suffered a cardiac arrest, but despite resuscitation, X died.
C alleges that D was negligent in failing to arrange for X to undergo a scan on the evening of 21 September 2014, saying that it would have revealed X was suffering from a sigmoid volvulus.
The case was settled out of court on a global basis.
Perineal tear claim | £380,000 settlement
Ms R was misdiagnosed with a third degree perineal tear following the birth of her child. The tear was in fact of the fourth degree, with the result that our client experienced symptoms affecting her mobility, physical health and emotional wellbeing. We negotiated a £380,000 out of court settlement for her. Read more…