The Claimant was admitted to hospital, suffering from cardiomyopathy. Whilst he was hospitalised, he developed compartment syndrome in his leg. The Claimant underwent decompression surgery, which was performed negligently and as a consequence of this, he ended up requiring an above-the-knee amputation.
Liability was admitted by the Defendant at the outset and we entered into settlement negotiations, eventually recovering £700,000.00 in damages for our Client.
Negligently performed Vascular Surgery
The Claimant had a long history of smoking and as a consequence of this, had suffered a venous occlusion, which required treatment to unblock the vein.
The incorrect surgery was performed leading the Claimant to require a below-the-knee amputation.
Liability was admitted; and it was accepted between the parties that the Claimant would have lost his leg in five years’ time in any event.
We recovered £120,000.00 for our Client as compensation for the additional five years that he spent as an amputee.
Birth Injury (to mother and/or child)
Brachial Plexus Injury/Broken Collarbone during Delivery
The Claimant, a minor, was subjected to excessive force at the time of his delivery and as a consequence of this sustained a brachial plexus injury; and also a fracture to the collarbone.
The Claimant required treatment for the collarbone fracture and also a period of treatment with physiotherapy to recover from the injury to the brachial plexus, but fortunately, went on to make a full recovery.
Liability was admitted and a negotiated settlement was achieved in the sum of £11,000.00, which was approved by the Court at an Infant Settlement Approval Hearing.
Failure to repair Vaginal Tearing following delivery
The Claimant, a first time mother, gave birth to her daughter following a very short labour, during the course of which, she sustained 3rd degree tearing.
Following the delivery, the Claimant was left for over seven hours before her treating medical practitioners attempted to perform a repair, by which time the tearing had begun to heal by secondary intention, meaning that it was not possible to perform surgery.
As a consequence of this, the Claimant required subsequent surgery to repair the deformity that she was left with; but in spite of this, was left with ongoing aesthetic difficulties, as well as pain and a psychiatric injury.
Liability was admitted following service of the Letter of Claim and we recovered the Claimant £40,000.00 in damages, including the cost of her undergoing further remedial surgery on a private basis.
Laceration during Delivery via Caesarean Section
The Claimant (a minor) was delivered by emergency Caesarean Section and during the course of his delivery, his face was cut with a scalpel, leaving him with a permanent scar beneath his nose.
Liability was admitted following service of the Letter of Claim and an offer in the sum of £2,500.00 was put forward by the Defendant.
Following receipt of further medical evidence, we negotiated a settlement in the sum of £5,000.00 for our Client, which was approved by the Court by way of an Infant Settlement Approval Hearing.
Injury to Bladder following Caesarean Section
The Claimant underwent a Caesarean Section for the delivery of her third child.
A catheter was inserted and following the procedure, attempts were made to remove it, but it would not come out, in spite of her medical practitioners pulling on the tube which had been inserted into her bladder.
Initially, it was suspected that the balloon holding the catheter in place had become stuck and an ultrasound scan was performed, which shockingly revealed that the tube for the catheter had been negligently stitched to her bladder when she had been closed up following the Caesarean Section.
As a consequence of the rough attempts to remove the catheter, the Claimant suffered permanent damage to her bladder, which left her suffering from ongoing problems with incontinence and requiring treatment with medication.
We recovered the Claimant £50,000.00 in respect of the claim for the injury that she had suffered.
Failure to diagnose and treat Group B Streptococcus Infection
The Deceased developed late onset Group B Strep following birth, but there was a failure on the part of his treating practitioners in recognising that he was at high risk of having been infected and subsequently, a delay recognising the symptoms of meningitis and providing the appropriate treatment in terms of providing the correct length course of antibiotics and follow up.
As a consequence of this, the Deceased suffered severe brain damage, which sadly resulted in his death at 18 months of age.
We represented the Claimant, the Deceased’s mother, at the Coroner’s Inquest, on a pro bono basis; and also investigated a potential claim for medical negligence.
A Letter of Claim was served; and due to the length of time it took for the Coroner’s Inquest to be heard, we issued proceedings at court in order to prevent the claim from becoming statute-barred.
Liability was denied by the Defendant, but we were able to negotiate a settlement in the sum of £20,000.00 for our Client’s benefit.
Brain Injury during Routine Surgical Procedure
During the course of a shunt revision, the Claimant’s treating surgeon severed an artery, resulting in a massive haemorrhage, which caused the Claimant’s blood pressure to drop so significantly that her brain was starved of oxygen and she sadly suffered permanent brain damage.
In addition to this, the Claimant was given a blood transfusion with an infected blood product which caused her to suffer septic shock and multi-organ failure.
Liability was admitted in this claim and we negotiated settlement for the Claimant in the sum of £3.5 million, to ensure that she receives the care and support she requires for the rest of her life.
Failure to diagnose symptoms of Subarachnoid Haemorrhage
The Claimant attended on his GP on a number of occasions, suffering from severe ‘thunderclap’ headaches.
The Claimant’s GP failed to recognise that he was complaining of ‘red flag’ symptoms of a subarachnoid haemorrhage, which resulted in the Claimant having a massive haemorrhage which caused brain damage leaving him with permanent catastrophic injuries, which left him requiring extensive care and therapy for the rest of his life.
Liability was admitted by the Defendant, following service of the Letter of Claim, but there was a dispute over quantum due to disagreement over the Claimant’s life expectancy.
Following a joint settlement meeting, settlement was negotiated on the Claimant’s behalf in the sum of £3.6 million, including the funds to purchase suitable accommodation for his needs, with quarters for a live-in carer, an extensive care and therapy package, and appropriate transport to accommodate his wheelchair.
Failure to recognise Epidural Haematoma resulting in Permanent Paralysis
The Claimant, a gentleman in his 70s, was administered with an epidural prior to surgery.
Immediately following the procedure, he was able to move, but gradually, over the course of some hours, he lost the movement of his legs, but there was a failure of his treating practitioners to act upon this.
Eventually, investigations were undertaken and the Claimant was diagnosed as having suffered an epidural haematoma.
It was alleged that if this had been recognised and treated, the Claimant would have made a full recovery, but as it had been left, it had caused permanent damage, resulting in paralysis.
The Defendant admitted liability following service of the Letter of Claim, but reserved their position on causation and put forward an offer of settlement in the sum of £300,000.00.
Negligent failure to diagnose and treat spinal cord compression
The Claimant was attending on a Neurologist with symptoms of weakness and loss of sensation in his legs. An MRI of the upper spine was carried out but not the mid or lower spine. The Claimant’s symptoms became worse and eventually he was referred to a different Neurologist. The second Neurologist immediately referred the Claimant for an MRI on his lower spine. This showed a disc bulge that was compressing the spinal cord.
Surgery was carried out to decompress the spinal cord. However, due to the delay in diagnosis of the disc bulge and therefore the surgery, the Claimant suffered permanent damage to the spinal cord, resulting in ongoing weakness and loss of sensation in the legs, which could have been avoided.
Liability was denied by the Defendant, but after the issue of Court proceedings we obtained a settlement for the Claimant in the sum of £160,539.00.
Obstetrics & Gynaecology (see also birth injury)
Delay in Diagnosing an Ectopic Pregnancy
The Claimant had struggled to conceive and was therefore undergoing fertility treatment with Clomid.
During the course of her treatment, the Claimant began to suffer from vaginal bleeding, which was not related to her menstrual cycle, but there was a persistent failure by her treating medical practitioners to consider that the bleeding may have been as a consequence of her having fallen pregnant.
As a consequence of this, there was a failure to diagnose that the Claimant was suffering from an ectopic pregnancy, which resulted in a rupture, which required emergency treatment with a laparotomy and removal of the affected ovary and fallopian tube.
Liability was denied throughout by the Defendant and court proceedings were issued.
Initially, there were concerns that the Claimant would be unable to fall pregnant, but by the time settlement was negotiated, she had managed to give birth to a daughter.
The Claimant recovered £16,000.00 in her claim.
Delay in Diagnosis of Bowel Injury caused during Total Abdominal Hysterectomy
The Claimant suffered an injury to her bowel during the course of a planned total abdominal hysterectomy, but there was a failure by her treating practitioners to recognise that this injury had occurred, or that she was exhibiting signs of internal infection prior to her discharge.
As a consequence of this, the Claimant was readmitted suffering from peritonitis which required emergency treatment with a laparotomy and abdominal washout and formation of a colostomy. The Claimant also suffered psychiatric injury as a consequence of the incident, for which she required treatment.
Positive medical evidence was obtained and a Letter of Claim was served. The Defendant denied liability and therefore court proceedings were issued and served.
The claim was eventually settled between the parties, in spite of the Defendant’s denial of liability, with the Claimant recovering the sum of £35,000.00.
Negligently Performed Surgical Termination
The Claimant discovered she was pregnant and made a decision to undergo a surgical termination of pregnancy.
She underwent the procedure on Christmas Eve and was discharged the same day.
The following day, she began to suffer from contractions and delivered the foetus whilst she was at home alone with her daughter.
It was alleged that the termination procedure was performed incorrectly in that there was a failure to check that the foetus had been removed.
The Claimant suffered from psychiatric injuries as a consequence of the incident, particularly as she had chosen to undergo the procedure surgically as she did not wish to see what was happening during the termination.
Liability was denied by the Defendant throughout, but we managed to achieve a settlement on behalf of our Client in the sum of £11,250.00.
Negligent Reversal of Sterilisation
The Claimant had previously undergone a sterilisation following the birth of her children, but her marriage subsequently broke down and following this, she began a relationship with a new partner and they decided that they would like to try and have a child of their own.
The Claimant attended on her Consultant on a private basis for the sterilisation procedure to be reversed and prior to this, her Consultant performed a number of investigations, including a semen analysis on her partner.
The procedure was performed and following this, the Claimant struggled for 18 months to attempt to conceive and was subsequently referred by her GP for further investigations.
At this point, it became apparent that the Claimant’s partner suffered from a low sperm count and had virtually no chance of conceiving.
The Claimant pursued a claim for breach of duty and breach of contract (as this was private treatment) and alleged that the reversal of sterilisation procedure should never have been performed as she had no chance of falling pregnant.
The Claimant suffered a psychiatric injury as a consequence of the events.
A settlement was negotiated with the Consultant’s Insurers and the Claimant received £15,000.00 in damages.
Damage to Bladder during Total Abdominal Hysterectomy
The Claimant underwent a total abdominal hysterectomy, during the course of which, her bladder was damaged, but this was not picked up on at the time of the surgery, or in the post-operative period and she was discharged with urine leaking into the abdomen.
The Claimant was subsequently readmitted to hospital as an emergency suffering from peritonitis which required treatment with an emergency laparotomy.
The Claimant was left suffering from ongoing problems with continence and also suffered a severe psychiatric reaction to what happened as a consequence of which, she required treatment under the care of a Psychiatrist and was left vulnerable to further deteriorations of her mental health.
Liability was admitted by the Defendant following service of the Letter of Claim and settlement in the sum of £40,000.00 agreed following settlement negotiations.
Negligently performed Breast Biopsy
The Claimant attended hospital for a routine mammogram procedure and was called in from the waiting room for treatment by her surname.
The Claimant, who had never undergone a mammogram before, went into the treatment room, and there, her treating practitioners performed a breast biopsy on her, rather than a mammogram.
This error subsequently came to light and it was discovered that there had been two patients with the same name in the waiting room and that no further checks on the Claimant’s identity had been undertaken prior to performing surgery, such as asking her to confirm her full name, or date of birth.
Fortunately, the Claimant suffered no long term consequences of the procedure.
Liability was admitted at the outset and the Claimant recovered the sum of £3,500.00 in respect of the pain and suffering that she experienced during the procedure.
Negligent Reversal of Hartmann’s Procedure
The Claimant initially suffered a non-negligent bowel perforation during the course of a colonoscopy to treat a rectal prolapse, as a consequence of which she required a Hartmann’s Procedure to resect the bowel and perform an ileostomy.
During the course of the procedure to reverse the ileostomy, 8 months later, the Claimant unfortunately suffered a further bowel perforation, which resulted in her suffering from faecal peritonitis and requiring an emergency laparotomy to treat her condition.
Negligence was alleged on the basis that both the surgery itself was performed negligently resulting in the injury to the bowel, but also that there was a failure to recognise that the injury had occurred, resulting in the Claimant being discharged without receiving treatment.
Liability was denied by the Defendant throughout, and court proceedings were undertaken.
During the course of the court proceedings, a negotiated settlement was achieved and our Client received £40,000.00 in respect of her claim for damages.
Negligently performed Surgery to repair Fracture to Humerus
The Claimant suffered a fracture to her humerus, which was repaired using internal fixation with metal plate.
It was alleged that due to misplacement of the metal plate and the failure to stabilise the fracture with a second plate, the Claimant required a second surgical procedure to stabilise the fracture, during the course of which, she suffered a radial nerve palsy, which it was alleged was caused negligently and would not have occurred in any event had the second surgical procedure not been required.
A Letter of Claim was served and liability was admitted by the Defendant.
Following quantification of the Claimant’s claim, including a fairly substantial claim for loss of earnings, the Defendant put forward an offer in the sum of £250,000.00, which the Claimant chose to accept.
Negligent Repair of Ankle Fracture
The Claimant suffered a fracture to her ankle, which was surgically repaired using pins and plates.
It subsequently became apparent that this surgery had been performed incorrectly and in light of this, the fracture remained displaced and the Claimant therefore required revision surgery.
Following this surgery, the Claimant suffered a haemorrhage and also developed a wound infection, which it was alleged would not have occurred had the original surgery been performed to an acceptable standard.
The Claimant was left with ongoing pain and stiffness at the joint.
Liability was admitted by the Defendant and the claim was compromised for the sum of £30,000.00.
Negligently performed Hip Replacement Procedure
The Claimant underwent a hip replacement procedure, which was performed negligently and as a consequence of this, shortly following his discharge from hospital, he stepped down a kerb and suffered a fracture to the prosthesis.
The Claimant underwent remedial surgery to replace the prosthesis, but following this, developed a post-operative infection, which required extensive treatment and eventually led to the need to remove the prosthesis altogether, without the possibility of it being able to be replaced in the future.
As a result of this, the Claimant was left with severely unequal legs which caused an uneven gait and significant mobility problems, meaning that he required an adapted property, regular attendance by carers and the use of a mobility scooter.
Following receipt of positive medical evidence, a Letter of Claim was served and liability was admitted, with the Defendant putting forward an offer to settle the claim for the sum of £20,000.00.
Further investigations into the potential value of the claim ensued and the parties attended a joint settlement meeting, where settlement was eventually negotiated in the sum of £450,000.00.
During the course of the investigations, and following the Defendant’s admission of liability, we also secured an interim payment for the Claimant to enable him to purchase a mobility scooter, which massively improved his quality of life and meant that he was able to get out and about again.
Negligently performed Bunion Repair Procedure
The Claimant underwent surgery to repair a bunion, which was done negligently and left him requiring further surgery and with a permanent disability.
The treatment was performed at a private hospital under a waiting list initiative and this made the claim more complex as we had to identify the correct Defendant.
Once the Defendant was identified and court proceedings were underway, the Defendant put forward an offer of settlement in the sum of £100,000.00, which the Claimant chose to accept.
Negligently performed Arthroscopy
The Claimant underwent an arthroscopy, during the course of which she sustained an injury to the patellar tendon, which was caused by negligence. In addition, she suffered a significant period of delay in diagnosing that the injury had occurred.
Positive expert evidence was obtained and a Letter of Claim was served. The Defendant admitted that there had been negligence in the treatment, but did not accept that the Claimant’s ongoing disability was a consequence of the injury. Initially, the Defendant offered the sum of £30,000.00 to settle the claim, which was rejected.
Court proceedings were issued and served and were well underway when we entered into further settlement negotiations and eventually agreed the sum of £70,000.00 in respect of our Client’s claim for damages.
Delay in Diagnosis of Bladder Cancer
The Claimant attended on her GP on numerous occasions suffering from what the GP diagnosed as a suspected UTI.
It was alleged that the GP had failed to appreciate the significance of the persistent blood in her urine and make an appropriate referral for further investigations, as a consequence of which, the Claimant suffered a significant delay in diagnosis of bladder cancer, which led to her requiring surgery to remove her bladder altogether, as well as treatment with chemotherapy.
Liability was denied by the Defendant, and court proceedings were undertaken.
A settlement was subsequently agreed between the parties in the sum of £55,000.00.
Delay in Diagnosis of Cervical Cancer
The Claimant attended on her GP complaining of bleeding following intercourse and bleeding in between periods, but her GP failed to consider the possibility that she may be suffering from cervical cancer and perform the appropriate investigations.
The consequence of this was that the Claimant required radical surgery in the form of a Wertheim’s hysterectomy and her prognosis was affected.
Liability was admitted at the outset and settlement was negotiated on our Client’s behalf.
Delay in Diagnosis of Throat Cancer
The Claimant’s treating medical practitioners failed to recognise that imaging performed of his throat demonstrated a cancerous mass, resulting in a delay in diagnosis of his condition.
It was alleged that as a consequence of this delay in diagnosis, the Claimant required more extensive treatment and that this subsequently led to the collapse of his larynx and the need for a permanent tracheostomy.
Liability was admitted by the Defendant during the course of the NHS Complaints Procedure and we obtained the evidence necessary to advise our Client with regard to the potential value of the claim.
The claim was ultimately settled for the sum of £95,000.00.
Negligently Performed Surgery to Correct Breast Asymmetry
The Claimant suffered from asymmetry of the breasts as a consequence of which she was entitled to corrective surgery funded by the NHS.
The Claimant was incorrectly consented for the procedure and as a consequence of this, underwent an uplift of one breast, with an implant being inserted into the other breast simultaneously, rather than sequentially, meaning that she was left with worse asymmetry than she had had prior to the surgery being performed.
Liability was denied in this claim, but eventually a negotiated settlement was achieved and the Claimant received £30,000.00 in damages for her injury.
Injury during Breast Reconstruction Surgery
The Claimant underwent a mastectomy following a diagnosis with breast cancer and following her treatment, was admitted to undergo a TRAM flap reconstruction procedure, during the course of which, it appeared that the Claimant had negligently been moved to be lying on the hot diathermy probe as a consequence of which, she had suffered a serious burn to her back.
This burn had subsequently become infected and required extensive treatment with antibiotics and VAC dressings before it healed.
The Claimant was left with scarring to the back and tightness to the shoulder caused by the scarring.
Liability was denied by the Defendant, but no reasonable alternative explanation was offered as to the cause of the Claimant’s injury. A negotiated settlement was reached on the Claimant’s behalf in the sum of £12,500.00.
Development of Compartment Syndrome during Bowel Surgery to Treat Ulcerative Collitis
The Claimant, a minor, underwent surgery to resect a portion of his bowel, due to the fact that he was suffering from ulcerative colitis, due to complications during the procedure caused by negligence, he developed Compartment Syndrome which left him with a serious ongoing disability.
The negligence and its consequences had a tremendous impact on the Claimant’s physical and emotional wellbeing and negatively impacted on his future career aspirations.
Liability was admitted in this matter following service of the Letter of Claim, although quantum remained in dispute.
Settlement was eventually achieved at a Joint Settlement Meeting and our Client received the sum of £450,000.00.
Failure to Diagnose Developmental Dysplasia of the Hip
The Claimant suffered a failure to diagnose DDH (also known as CDH, or ‘clicky hips’), following her six-week post -natal assessment.
Having eventually managed to identify the Defendant responsible for the breach of duty, the Claimant’s claim was quantified and eventually, following issue and service of proceedings, an admission of liability was obtained and a negotiated settlement was achieved, with the Claimant receiving the sum of £122,500.00.
Accident & Emergency/Paramedics
Failure of Paramedics to Treat Head Injury
The Claimant fell down a flight of stairs in his block of flats and the Paramedics were called via 999 as he was unconscious.
When they arrived at the scene, they refused to treat the Claimant, in spite of his lack of consciousness, due to the fact that he had been drinking, and insisted on police assistance before they would venture into the lobby of the flats.
The police were delayed in attending the scene and in spite of this, the Paramedics still refused to treat the Claimant. They subsequently finished their shift and it was only when the next Paramedics came onto shit and attended the scene that the Claimant received treatment.
The Claimant was subsequently confirmed to have suffered a subdural haematoma and was left suffering from a brain injury, as a consequence of which he required permanent residential care.
Medical evidence was obtained supporting the allegations of negligence against the Paramedics, but unfortunately, in relation to causation, it was not possible for us to show how much of the brain injury had been caused as a consequence of the fall, rather than as a consequence of the delay in treating the Claimant following his fall.
Nevertheless, in light of the supportive medical evidence on breach of duty, a Letter of Claim was served on the Defendant and a negotiated settlement was achieved on the basis of the unnecessary pain and suffering that the Claimant endured as a consequence of the Defendant’s negligence. The Claimant recovered the sum £10,000.00, which was approved by the Court, due to his lack of capacity.
Failure to appropriately treat Scald Injuries
The Claimant, an epileptic, suffered a seizure whilst holding a kettle of boiling water and suffered scald injuries to her thighs.
She attended Accident and Emergency, where there was a failure to appropriately dress the wounds and refer her for the opinion of a Plastic Surgeon.
As a consequence of this, the Claimant’s burns became infected and took significantly longer than they would have done to heal.
Liability was admitted following service of the Letter of Claim and settlement was negotiated on the Claimant’s behalf for the sum of £8,500.00.
Failure to write an appropriate Letter of Referral
The Claimant already had had children and been sterilised, but had subsequently split with her partner and was now in a new relationship and wished to have the sterilisation reversed so that she could conceive a child with her new partner.
Her GP referred her to a Consultant on a private basis, but neglected to tell the Consultant that she had previously undergone endometrial ablation, meaning that it was unlikely that she would become pregnant in any event and that it would be dangerous if she did by some chance become pregnant.
As a consequence of the GP’s failure to fully inform the Consultant of her past medical history, the Claimant underwent an unnecessary surgical procedure, which she paid for on a private basis and in addition to this, suffered a psychiatric injury when it became apparent that she could not conceive in spite of the reversal procedure.
Positive evidence on liability was obtained and a Letter of Claim was served and the claim was eventually settled for the sum of £15,000.00.
Failure to Act upon an Abnormal Test Result causing an acceleration of Chronic Kidney Disease
The Claimant was on Lithium therapy to treat bipolar disorder and as a consequence of this, required regular monitoring of her kidney function.
When this was shown to be abnormal, there was a failure by her General Practitioners to act upon this and stop her medication and refer her to a Nephrologist for treatment, as a result of which she suffered Kidney failure, meaning that she required dialysis.
The evidence obtained suggested that the Claimant would have gone on to develop this in any event, but that the Defendants’ negligence accelerated the deterioration in her condition.
Settlement was negotiated and agreed in the sum of £30,000.00.
Removal of Incorrect tooth prior to fitting of Braces
The Claimant, a minor, underwent a dental extraction prior to having braces fitting, but the wrong tooth was negligently removed.
As a consequence of this, the Claimant’s treatment plan required amendment and she needed to wear braces for a longer period of time than had been anticipated.
Liability was admitted in the pre-action period and the Claimant received the sum of £5,000.00 which was ratified by the Court due to the fact that she was a minor and the settlement therefore required approval.
Negligently Fitted Dental Implants
The Claimant came to us shortly before limitation (the three year time limit by which you must issue your claim at court in order to prevent it from becoming statute-barred) expired.
During the three years prior to this, she had been receiving treatment to try and put right dental implants which appeared to have been negligently inserted and it had become clear that it was going to prove extremely costly to put them right, hence the reason she was now reluctantly seeking legal advice.
We issued proceedings in order to protect limitation in her claim and thereafter set about obtaining copies of her dental notes and records and following receipt of supportive evidence, which confirmed that not only had the implants been inserted negligently, but some of the implants that had been used were out of date, we served a formal Letter of Claim on her treating practitioner.
Condition and Prognosis evidence was later obtained which indicated that the Claimant’s condition was likely to cost somewhere in the region of £20,000.00 to put right.
Although liability was never admitted, we managed to negotiate a settlement in the sum of £40,000.00 to reflect the Claimant’s pain and suffering and the cost of the future treatment she would be likely to require.
Breaking of a Dental Instrument in Claimant’s gum
The Claimant suffered an injury during the course of a routine dental examination whereby the dental instrument snapped off and became lodged in his gum as a consequence of excessive force being used.
A supportive opinion was obtained and liability was admitted early on, with the claim settling for the sum of £7,500.00.
Geriatrics/Care Home Negligence
Facial and bodily Injuries Caused by Negligent Nursing Care
The elderly Claimant was in hospital for rehabilitation and was making progress. During the course of her stay, she was propelled to the toilet in a wheelchair by a nurse, who on the return journey then failed to lift her feet into the foot rests, resulting in her feet becoming trapped under the wheelchair as it was propelled forwards and the Claimant being pushed out face-first onto the ground.
As a consequence of her fall, the Claimant suffered serious facial injuries, including an injury to the jaw, loss of a tooth and bruising to the eye, and an injury to the knee, which left her unable to mobilise at all. The Claimant never recovered her independence following this incident and following her discharge from hospital moved into a Residential Care Home.
Liability was admitted by the Defendant following service of the Letter of Claim and although quantum was initially in dispute, the matter eventually settled for the sum of £45,000.00.
Injury to Resident in Care Home resulting in Death
We were instructed by the Deceased’s family in connection with a claim arising from her death.
The Deceased had been being helped to mobilise by a Care Assistant in her Residential Care Home and due to their lack of care, she had broken her hip and required hospitalisation for surgery, which she sadly did not recover from and ultimately passed away.
A Letter of Claim was served and a claim was pursued for pain and suffering for the benefit of the Deceased’s Estate and also under the Fatal Accidents Act and the claim was settled for £10,000.00.
Negligently treated Allergic Reaction
The Claimant, who suffers from multiple allergies, suffered from an acute allergic reaction whilst she was an inpatient in hospital.
There was a failure by her treating practitioners to react in good time with antihistamines and when the reaction progressed, none of them were appropriately qualified to administer her with an epi-pen, meaning that the Claimant became seriously unwell.
Following the incident, the Claimant suffered a psychiatric injur, but fortunately physically made a full recovery. We recovered damages in the sum of £3,750.00 in settlement of her claim.
Claimant given incorrect Test Results
The Claimant attended a GUM Clinic suffering from symptoms of a UTI and whilst there were advised to undergo a full sexual health screen.
When they returned for the results, they were mistakenly given someone else’s results and advised that they had contracted HIV.
This mistake was rectified a few hours later, but by this time, the Claimant had broken the news to his family and had begun receiving counselling to help him come to terms with his diagnosis.
The Defendant had acted in breach of their duty of care to the Claimant as they had failed to check that they were giving him the correct test results before they had given them to him.
As a consequence of the incident, the Claimant suffered a psychiatric injury and developed a serious health anxiety and fear of healthcare professionals which had an impact on his day-to-day life.
The Claimant received the sum of £8,500.00 in damages.
Claimant suffering Temporary Paralysis following Epidural
The Claimant was administered with an epidural prior to undergoing a Caesarean Section, but the Anaesthetist negligently failed to check that the needle had been sited correctly and therefore injected the full dose into the intrathecal space.
This resulted in the Claimant suffering from total paralysis, including an inability to breathe, from the neck down.
This caused the Claimant to require emergency treatment and a period of treatment in intensive care following the delivery of her baby and had a significant effect on her psychologically.
Liability was admitted by the Defendant and the Claimant recovered the sum of £20,000.00 in settlement of her claim.
Being given incorrect medication instead of Antipsychotic Medication
The Claimant suffered from paranoid schizophrenia and was prescribed amisulpride, an antipsychotic medication for this by his GP.
His pharmacist mistakenly gave him Antabuse, a medication given to alcoholics to reduce their urge to use alcohol, in error.
This made him extremely unwell and also caused the symptoms of his condition to return, resulting in him attempting to take his own life.
Fortunately, this attempt was discovered and following this, the dispensing error was picked up on and quickly rectified, meaning that the Claimant’s symptoms resolved.
Liability was admitted by the Defendant’s Insurer, the National Pharmacy Association, and the Claimant received the sum of £5,000.00.
Failure to provide appropriate telephone advice in Post-Surgical Period, resulting in Fatal Cardiac Arrest
The Deceased underwent cardiac surgery and following this was discharged. The following day, he became unwell and telephoned the Ward for advice and was advised that he should go to his GP if he was concerned. The Deceased suffered a fatal heart attack as he was going to bed that night, which occurred in front of his wife and their children and we pursued claims under the Fatal Accidents Act, for the benefit of the Estate under the Law Reform (Miscellaneous Provisions) Act and we also pursued Secondary Victim Claims for the family members who were present in the immediate aftermath of the events.
We represented the Deceased’s family at the Inquest, where the Coroner raised concerns over the advice that the Deceased’s wife had been given.
Medical evidence was obtained which confirmed that in light of the Deceased’s recent surgery, the appropriate advice would have been for him to return to the ward, or go to Accident and Emergency and, if this had been the case, it was alleged that he would have been in hospital when he suffered the heart attack and, on a balance of probabilities, he would have survived.
Liability was admitted by the Defendant following service of the Letter of Claim and the claim was settled in a piecemeal basis, due to the various elements of the claim and the fact that some of the Deceased’s children were still minors, and their settlements therefore required approval by the Court. In total, the family recovered around £75,000.00 in damages.
Failure to Recognise Atrial Fibrillation
The Deceased was admitted to Accident and Emergency having sustained a deep injury to his groin with a Stihl saw.
During the course of his treatment, there was a failure to note that the Claimant was suffering from AF; and to treat it accordingly, as a consequence of which, he went on to suffer from a fatal cardiac arrest.
Claims were pursued for the benefit of the Estate and under the Fatal Accidents Act, including claims for loss of dependency for the Deceased’s wife and his disabled adult son, for whom he was a carer. A claim was also pursued for the Claimant’s wife as a Secondary Victim.
The total value of the damages recovered were £75,000.00.