Category Archives: Case studies

Six year battle in claim for young mother’s death

Mrs C was diagnosed with a progressive, life-limiting auto immune disease affecting her lungs.  Due to the nature of her illness, she was managed between her  local hospital and a national centre for lung diseases in London.  In 2009 she gave birth to her first child, a son, and in 2012 she became pregnant again.   During the pregnancy, she developed a community acquired aspergilus infection.  This is a serious fungal infection and left untreated it can develop into a fungal mass in the lung cavity resulting in death.  Tragically for Mrs C  and her loved ones, the delay in diagnosing the infection and then inadequate treatment of it meant that she was unable to recover and she sadly passed away in hospital in 2013 only 6 weeks after having given birth to her daughter.

Mr C first sought our help shortly after his wife’s death.  We agreed to investigate the treatment his wife had received and obtained reports from a Respiratory Physician, an Obstetrician and a Thoracic Transplant Surgeon who were all critical about the standard of care Mrs C had received.

The medical evidence in this case was extremely complicated and further more by the fact that Mrs C had significant pre-existing lung damage and compromised lung function in any event.  However, our medical experts were critical of the lack of advice and information which had been given to Mr and Mrs C surrounding pregnancy and its impact on her mortality, the failure to refer her for assessment for a lung transplant and the negligent delay in diagnosing and appropriately treating the aspergilus infection.  Ultimately it was  concluded that the failure to treat Mrs C with anti-fungal medication earlier and over treating her with steroid medication caused her premature death.

The hospitals involved in the care of Mrs C denied that there were any failings in her treatment or care until 2018 when they eventually admitted that the infection should have been diagnosed several months sooner.  However, while they accepted they had breached their duty of care to Mrs C, they denied that this breach caused or contributed to her death.

With the continued support of our medical experts and a specialist barrister, we prepared to issue court proceedings against the local hospital Trust on behalf of Mr C and his children.    At this point, Solicitors acting for the hospital proposed that the parties attend a mediation meeting.  Mr C saw this as a positive step and willingly accepted the invitation and while this did not end with a settlement, it did allow the parties to narrow the issues between them and shortly after the mediation, but some 6 years after the death of his wife, Mr C accepted an offer in settlement of the claims.

This was a devastating and sad case.  The legal issues were complex and challenging and required detailed scrutiny and analysis which we were able to offer because of our many years of experience in practicing solely in medical negligence claims.  Mr C needed our help at the very worst time of his life to answer questions that he had but also to help him find the answers to questions he knows his children will have in the years to come.

In cases like this one, information can be what those left behind crave most.  Monetary compensation will never replace or make up for the loss of a loved one but it is also true that in many cases, losing a loved one can create a significant financial burden on families which compensation can help to relieve.  If you have suffered an injury or lost a loved one as a result of medical negligence, the team at Armstrong Foulkes LLP will be happy to discuss what has happened with you and help you where they can so please don’t hesitate to contact us.

Ashleigh Holt – October 2019

Hospital’s failure to treat infection resulted in “flesh-eating disease”

H underwent a caesarean section to deliver her first baby.  Whilst in hospital afterwards, she felt very unwell, with a raised temperature, feeling hot and cold, shivery and had an increased heart rate.  She also suffered from a lot of pain in the caesarean section wound.  Her blood test results were abnormal indicating she had an infection but despite this, she was discharged home to look after her new born son.

The following day, she went to see her GP who diagnosed a wound infection and prescribed antibiotics.  The day after, she had deteriorated further so she returned to hospital where she was diagnosed with necrotising fasciitis, commonly known as the flesh-eating disease.  She required 4 surgeries to remove large amounts of dead tissue which were incredibly painful for her and left her with scarring to her stomach.  She was distressed both by her own illness and the separation it caused from her new born baby and she subsequently developed post-traumatic stress disorder.

It was the evidence of our expert that she had clear signs of infection throughout her admission to hospital and these simply were not acted upon.  Had she been prescribed antibiotics at any time before her discharge 5 days after the caesarean section, the infection would have resolved and it would not have progressed to necrotising fasciitis.

The hospital denied this and suggested that the disproportionate pain she experienced following the surgery was because she was overweight. We alleged this pain was, amongst other symptoms, a sign of infection.  H’s weight was a common theme throughout the claim and reflected disparaging comments about her weight that had been made to H whilst she was in hospital.

As the hospital was of the view their treatment was reasonable, as was the decision to discharge her, we proceeded to issue court proceedings and the claim settled shortly thereafter.

If you suspect you or a member of your family has received negligent treatment and would like some advice as to how best to proceed, please contact us on 01642 231110 and one of our solicitors will be happy to speak to you and advise you on the merits of a clinical negligence claim.

Kathryn Watson – August 2019

A head injury after fainting

Simon was in his mid 20’s when he dislocated his finger.  He went to the Accident and Emergency Department of his local hospital.  He was seen by a nurse who successfully put his finger back into joint by manipulating it.  However, whilst she was doing this Simon fainted and fell to the floor, hitting his head and knocking himself unconscious.

To avoid this sort of thing happening it is standard practice for patients to be seated whilst manipulations are taking place.  The nurse failed to follow this practice on this particular occasion.  The hospital therefore admitted fault quite quickly.  All that had to be decided was how much compensation should be awarded.

At first sight, it did not seem as if this would be much.  Simon was off work for about 3 months and then got back to his pub management job.  However, as with a number of head injuries, it took time before the full effects became apparent.  After about a year or so Simon thought his memory was deteriorating.  Before the fall he was able to recall everyone’s telephone number and deal with several tasks at the same time.  His inability to continue to do this led to frustration with his job and difficulties in his personal relationships.  As time went by these problems became greater and they resulted in him losing his job and his marriage breaking down.

The claim settled a month before the trial to decide the amount of compensation was due to take place, for £125,000.  Happily Simon has learned techniques to cope with his memory defects which have enabled him to be reunited with his wife and embark on a new career.

Hilton Armstrong – July 2019

Bicep injury attracts compensation of over £60,000

In addition to his usual daily employment, Mr B worked as a bouncer a few evenings a week to supplement his income and support his large family.  It was on one of these evenings that he felt something snap in his left upper arm which immediately felt painful and weak.  The following day, his arm was still painful and a bruise had started to form just past his left elbow.  Within 48 hours there was heavy red bruising around the arm and his bicep muscle appeared to be moving under his arm.

Mr B attended his local Accident and Emergency Department and was seen by an Emergency Care Practitioner.  She examined his arm and diagnosed a partial rupture of his left bicep.  She discussed the diagnosis with a doctor and then discharged Mr B with advise to rest the arm.  Mr B accepted the advice but became concerned after a few months that his arm was just not improving so he consulted his GP who referred him to an Orthopaedic Surgeon.  He was eventually seen by a specialist 9 months after the original injury and was diagnosed with a complete rupture of his bicep however secondary reconstruction at this late stage carried a 40 – 50% risk of nerve injury resulting in further permanent disability seriously affecting the function of his arm.  Mr B was strongly advised against any surgical intervention and a subsequent ultrasound scan confirmed the diagnosis.

As a result of the continued weakness and discomfort in his arm, and the lack of treatment options, Mr B was unable to continue working as doorman and he continues to be at a disadvantage on the open labour market.

Initially Mr B made a complaint to the Trust about the standard of treatment he had received.  The Trust’s first response was to advise that they had referred him to physiotherapy and had therefore discharged their duty of care.  Mr B objected to this and following a meeting with the Trust, they conceded they could not confirm that a physiotherapy referral had been made.  Mr B sought our help at this point and we agreed to investigate his case and offered him a “no win, no fee” agreement.

With the assistance of independent expert witnesses in the fields of Nursing and Orthopaedic Surgery, we discovered that there is a duty on examining clinicians to confirm or refute if a patient has suffered a total rupture.  This would usually be by way of a scan or a referral to the fracture clinic so that the patient can be examined by an Orthopaedic Surgeon.  There is some urgency in getting the diagnosis in an injury like this as repairs are easiest and most successful if carried out within 3 weeks in which case the patient will usually recover 95% of their original strength.  A referral to physiotherapy would be inadequate when the nature of the injury has not been confirmed.

A formal Letter of Claim setting out our allegations was sent to the Trust and a full admission of breach of duty and causation was admitted within the 4 month pre action protocol period in which the Defendants have to respond.  An initial offer of settlement was made in the sum of £10,000 however this was rejected because of the loss of earnings he had suffered in being unable to continue his door work.

Negotiations commenced and just before court proceedings were to be started the Defendants made a reasonable offer in full and final settlement of the claim.

The injury Mr B suffered is considered relatively minor.  He had a good degree of function remaining in his arm.  He was able to continue in his main employment and while being a doorman was no longer suitable for him, he was able to undertake other types of evening jobs if he wanted to in order to minimise his loss.  Therefore the element of the compensation he received for the actual injury was assessed at around £12,500 meaning that he recovered over £50,000 in past and future loss of earnings.

It is not uncommon for injuries considered less serious than others to attract higher awards of compensation because of the impact the injury can have on other areas of a person’s life.  Someone can have limited pain but they may suffer other restrictions in their life that they can be compensated for.

If you have suffered a similar injury, it is worth taking the time to get some from a specialist solicitor before dismissing it as being “not worth it”.  Our solicitors are more than happy to discuss this with you.

Ashleigh Holt, June 2019

Delay in diagnosis of ruptured oesophagus

In December 2015, Mr H underwent surgery to his left hand.  Afterwards, he vomited as a result of the anaesthetic he had been given, experienced a lot of pain and then began to vomit blood.  He was given an anti-emetic (to stop him being sick) and pain relief.

Over the next few days his condition deteriorated and he was in a lot more pain.  An x-ray and CT scan were performed which showed he had ruptured his oesophagus.  Unfortunately, due to the delay in diagnosis, it was no longer possible to surgically repair his oesophagus and it had to be left to heal by itself.  However, Mr H required open surgery to insert a tube into his stomach through which he was fed for 4 weeks.  He then had to gradually reintroduce drinking and eating, firstly with water, then juice, followed by soup and finally a soft diet.

A few weeks after his discharge from hospital, Mr H had to be readmitted to hospital as his oesophagus had re-ruptured.  Once again, he had to be fed through a tube into his stomach.

The hospital admitted very early on that they should have diagnosed the ruptured oesophagus much earlier when, on the balance of probabilities, Mr H would have undergone surgical repair and avoided all the subsequent problems.  After negotiation between the parties, the case was settled for £45,000.

If you or a family member think you may have received substandard medical treatment and would like advice on bringing a medical negligence claim, please telephone us on 01642 231110 and one of our solicitors will be happy to advise you.

Kathryn Watson – May 2019

Amputation of the arm

Bill is a charming 78 year old retired seaman.  He fell at home and dislocated his left shoulder.  He went to hospital but didn’t receive the proper treatment.  The doctors failed to diagnose what is known as a false aneurysm.  This is where blood is left and then clots in an area where it shouldn’t be. In Bill’s case, the internal bleed was from his left shoulder into his left upper arm.

Over the following weeks/months his left arm became very swollen and painful.  When he was eventually referred to the Orthopaedic Surgeons, action was taken.  Unfortunately this was too late to save his left arm which had to be amputated at the shoulder.

His Consultant at the hospital was very honest with him and said that had he seen him sooner he probably could have sorted out the problem without the arm being lost.  We took the case on and secured an admission of blame from the hospital.  We settled the claim shortly after starting court proceedings.

Bill, whilst delighted with the settlement, like all injured patients, would have preferred to be fully able rather than have the compensation.

Hilton Armstrong – March 2019

Coronary disease misdiagnosed as tennis elbow

During the Christmas holidays Mrs A developed pain going down her left arm and pain from her right ear travelling down into her jaw, neck and top of her chest.  The pains would come and go in waves and would wake her from her sleep so when things did not resolve after a few days she attended a Walk in centre to see a GP.

The GP carried out an examination and diagnosed her as suffering from gastro-oesophageal reflux due to over indulgence in the festive period and tennis elbow for which she should take Paracetamol.

Mrs A’s symptoms continued and she began to feel worse.  She planned to make an appointment at her own GP practice when it re-opened but she was not afforded this opportunity and suffered a cardiac arrest at home in the meantime.  Her collapse was witnessed by her youngest child whose screams alerted Mrs A’s husband.  A 999 call was made and Mr A performed CPR until the Paramedics arrived.  Mrs A was taken to hospital but died a few days later.

Mr A approached us to investigate the standard of care that his wife had received from the GP who had seen his wife.  With the assistance of an independent GP expert witness and an independent expert witness in Cardiology we were able to establish that the GP had failed in his duty of care to Mrs A in not identifying that her symptoms could have a cardiac cause and to refer her urgently to hospital for investigations.  We were able to say that on the balance of probabilities, the results of these investigations would have been abnormal and lead to Mrs A being commenced on an acute coronary syndrome pathway including medication and stenting of blocked arteries.

With this treatment, she would have avoided the cardiac arrest and importantly she would have survived and lived to an old age.

Solicitors for the GP initially admitted breach of duty but denied that that the failure to refer Mrs A to hospital had made any difference to the outcome.  Formal Court proceedings then had to be started and the Defendants quickly made a full admission of liability for Mrs A’s death.

Mrs A had been the primary carer for her children while her husband worked and as a result the majority of the compensation claimed was for the loss of care and services Mrs A had provided to her family.  A 6 figure settlement was agreed between the parties and was  approved by the Court.

Acute coronary syndrome can be misdiagnosed as the symptoms, particularly in women, can mimic other conditions and can be atypical.  The consequences of failing to pick up on early signs can be catastrophic and as illustrated in this case, it can be fatal.  Early diagnosis and treatment is essential.

If you have suffered as a result of a missed or delayed diagnosis, we would be happy to discuss this further with you.

Ashleigh Holt – February 2019

Court allows patient to seek further compensation should she develop progressive lung condition

LH suffers from asthma.  In 2006, when she was 13 during a PE lesson at school, she used her inhaler which had been in her pocket along with 2 earrings.  She felt a sharp scratch in her throat and began to cough badly.  She then discovered one of her earrings was missing and assumed she had inhaled it when she had used her inhaler.  She immediately went to A&E when she explained what she thought had happened.  The doctor treating her thought she had instead swallowed the earring.  No x-ray was performed, she was reassured and sent home.

Over the next few years her asthma worsened and in 2014, she underwent a chest x-ray as a result of her increasing problems which included shortness of breath and a persistent cough.  This x-ray showed the earring in her lung which had collapsed as a result.  Fortunately, the earring was successfully removed and LH’s symptoms improved.

The hospital very quickly admitted that a chest x-ray should have been performed when she attended A&E in 2006 and this would have revealed the presence of the earring in her lung.  They admitted it would have been removed and she would have avoided the deterioration in her asthma from 2006 to 2014, along with the collapse of her lung.

However, they denied the long term effects this incident has had on LH.  It was the evidence of our expert respiratory physician that as a result of this incident, LH now has a 25% risk of developing bronchiectasis, a progressive life altering lung condition which may affect her ability to work and care for herself.

LH had 2 options to compensate her for this risk.  Firstly, she could settle on a full and final basis for 25% of what she would receive if she did develop the condition (to reflect the fact there is a 75% chance she will be fine).  Secondly, she could settle the case on the basis that she will not develop the condition but reserve the right to return to court for further compensation should she go on to develop bronchiectasis.  This is known as provisional damages.  It was our advice that this latter option provided far greater security and ensured she would receive full compensation if the worst happened.

LH followed our advice and sought provisional damages.  This was resisted by the hospital for a long time but they eventually conceded and the claim settled shortly before trial for £20,000 and the right to seek further damages should she be diagnosed with bronchiectasis at any point in the next 25 years.

This case highlights that when a mistake has been made, the long term consequences are often unknown until a thorough investigation has been completed.  Here, LH was unaware there was any risk to her future health as a result of what had happened until we obtained evidence from an expert in respiratory medicine.

If you or a family member are concerned by medical treatment you have received and the potential effect it has had on you, please do not hesitate to contact us and one of our solicitors will be happy to advise you.

Kathryn Watson – January 2019

Failure to prevent MRSA results in Amputation

Mrs K slipped on ice injuring her left knee.   At hospital she was told she needed surgery to repair her patella tendon was required. Unfortunately the hospital failed to follow their own infection control procedures and did not properly decolonise her.  This means they did not clean the relevant areas where she may have been carrying MRSA on her body before the operation and provide antibiotics which would prevent MRSA afterwards.

After the surgery she noticed pus leaking from the bottom of her plaster cast.  She was eventually diagnosed with an infected left knee wound and she had further surgery to treat this but again without proper MRSA prevention steps.  After this second surgery, she was diagnosed as being infected with MRSA and the correct treatment was then provided however this involved a third operation to remove some of the infection which had also reached the knee replacement joint which had to be taken out.

Over the following 9 months the infections failed to clear and this had a massive impact on her  health and her family life. She struggled to get around her home and her family had to convert a room downstairs for her to sleep in as she couldn’t make it upstairs. Mrs K was left with no option but to have a left below knee amputation.

We were approached by Mrs K after the amputation. After investigating the standard of treatment she received we were able to put the case to the Defendant NHS Trust who admitted a failure to follow their own infection control procedures and prevent the MRSA infection resulting in the amputation. Mrs K was forced into a wheelchair due to a wholly unsuitable NHS prosthetic limb which she could not wear for long periods of time and was not very flexible.

Due to the admissions made we were able to refer Mrs K to a private prosthetic company who properly assessed her needs including a desire to be more active with her young family. We secured funding from the Defendant to obtain an excellent microprocessor waterproof prosthetic limb which was in the past offered only to those injured members of the Armed Forces. This prosthetic limb, which was properly fitted to her stump allowed her to be more mobile, to walk on surfaces she had been unable to do so with the NHS prosthesis and to go swimming with her family. This made a massive difference to her life.

Mrs K had several other unrelated health problems which delayed full assessment of her claim, but the parties were able to reach a settlement which will allow her to fund the maintenance of and replacement of her prosthetic limb for life, to purchase more suitable single storey accommodation and support her financial needs now and in the future arising out of the amputation. Mrs K has said she feels she can now move on with her life.

MRSA is present on many people’s bodies and causes no harm in the absence of an open wound. However before any surgery like this a person should be tested for MRSA and the area decolonised and therefore fully cleaned of the MRSA infection. Hospitals have very clear infection control policies to prevent this kind of mistake occurring and a failure to follow these policies is difficult to defend.

Early funding for physical needs or equipment required because of the mistakes made by NHS Trusts can often be secured if the Trust accept responsibility for injuries. These payments can allow life to be improved for those who have been injured long before the case is settled.

If you would like to discuss a similar situation or any treatment you have received which you feel caused you an injury or worsened an existing injury please don’t hesitate to contact us.

Joanne Davies – December 2018

Delay in Diagnosing Stomach Cancer

Catherine was 53 when she died of stomach cancer.  2 years earlier her GP had referred her to hospital after she went to see him complaining of a feeling of fullness in her tummy.  She had an endoscopy, and biopsy, and was told all was clear and that she probably just had an ulcer.  This came as a great relief to her husband, Keith, and their children.  Unfortunately, as they were to find out a year later, the Pathologist had made a mistake when examining the biopsy.  She was not in the clear.  She had cancer which needed operating on.  By the time this was discovered it was too late and she died 2 months later.

The hospital were quick to admit that the Pathologist had made a mistake but defended the claim on the basis that even if the cancer had been diagnosed earlier, Catherine would still probably have died.  Shortly before a trial date was fixed we managed to persuade the hospital’s Solicitors to settle out of Court for £57,500.  As Catherine did not work and the children had grown up, it is a sad fact of the English legal system that compensation for the Husband and adult children in cases such as this can never reflect the true value of the loss.

Hilton Armstrong – November 2018

District Nurses mismanagement of pressure sore leads to death of disabled patient

Mrs R was a mother of 3 in her early 50s and suffering from Multiple Sclerosis when she developed a pressure sore to her sacrum.  This was identified during an admission to hospital.  When she was fit to be discharged arrangements were made for the community nursing team to manage the sore.

Despite identifying the sore as grade 3 and noting that an air mattress was needed, this was not then ordered for a further 30 days.  Over the next few weeks it was clear that the wound was deteriorating and becoming necrotic.  A Tissue Viability Nurse (TVN) was eventually asked to see Mrs R and she prescribed good treatment which would soften and debride the wound and kill and protect against bacteria however this advice was not followed and instead a dressing was applied which would not alter the wound status.

The wound continued to worsen and became inflamed and the TVN recommended hospital admission as it was suspected that she was becoming septic.  Mrs R was treated with intravenous antibiotics but her pressure sore was now described as grade 4 and so she was discharged from hospital with a Topical Negative Pressure (TNP) dressing however the district nursing team were unable to manage the TNP and it transpired that it had not actually been working since she was discharged from hospital.

Over the next few days Mrs R looked increasing unwell.  She was losing weight and was suffering nausea and her family were struggling to cope with the dressing of the wound and caring for her.  The community nurses continued to visit but the record keeping became sparse and less detailed.  Mrs R continued to decline until she was admitted to hospital after being found unresponsive.  On admission, bone was seen to be clearly visible through the wound to her sacrum.  She was severely septic and no treatment could be offered.  She sadly passed away shortly after, only 5 months after the sore was first noticed.  It was concluded that the most likely source of the infection was her pressure sore.

We were approached by Mrs R’s husband and sons to investigate the standard of care their wife and mother had received and the independent expert reports we obtained were damning of the standard of nursing case given to Mrs R.  In particular, the independent nursing experts was of the view that they had failed to:

  1.        Arrange for pressure relieving equipment soon enough
  2.        Arrange for a TVN visit soon enough
  3.        Follow the TVN’s advice and the Trust’s own policy for managing pressure wounds
  4.        Manage dressings appropriately
  5.        Arrange for further review/earlier re-admission to hospital

With proper treatment the view was that Mrs R’s sore would have healed and a second medical expert agreed that the failures in her treatment and care resulted in her death from sepsis.

When these allegations were put to the Trust responsible for the community/district nurses, we were faced with denials and the Trust were very keen to push the burden and the blame on Mrs R and her family.

As a result court proceedings were commenced but shortly after solicitors acting for the Trust entered into negotiations to settle the claim and Mr R agreed to accept a five figure sum.

This was a terribly sad case.  Mrs R and her family had been dogged by her ill health for years but they had rallied.  For her to be failed so absolutely when she desperately needed help most devastated them.

Pressure sores require careful and intensive treatment.  They don’t resolve on their own and as this case shows they can prove to be fatal.  If you or someone you know has suffered a pressure sore or deterioration of a sore due to poor medical care and treatment, please contact us for a free discussion.

Ashleigh Holt – October 2018

Failing to act on abnormal Echocardiogram leads to heart failure

Mr P was referred to a Consultant Respiratory Physician at James Cook University Hospital after developing shortness of breath and a cough in 2014.  Over the next 3 months the Consultant arranged a series of investigations including an Echocardiogram (Echo).  This showed Mr P had a mild left ventricular systolic impairment.

Mr P was told the Echo was normal and 3 months later he was referred to another hospital for a second opinion.  The referral letter requesting the second opinion advised that the  Echo was “normal”.

Mr P’s condition continued to deteriorate.  By March 2016 he was struggling with day to day activities.  He was unable to sleep as he was struggling to breathe when he lay down.  He could not make it upstairs to bed.  In May 2016 he attended a review appointment and his condition prompted his Consultant to admit him to hospital there and then for further investigation.  A second echocardiogram now showed significant left ventricular dysfunction and Mr P was told he was in severe heart failure.  His left ventricle was narrowed and his aorta was only working 15 – 20%.

Mr P’s care was transferred to a Cardiologist and he was started on a number of anti-heart failure medications.  He was initially unable to return to work as a HGV driver as his condition had to be reported to the DVLA and his driving licence.  It was later returned when a further echocardiogram showed that he was responding to the medication and his condition had improved.

We investigated the standard of care Mr P had received with an independent Respiratory Physician and Cardiologist.  They confirmed that he should have been referred to a Cardiologist following his first Echo and he would have been commenced on treatment 2 years earlier.  Had this occurred, the progression of his condition would have been slower and he would not have developed heart failure in 2016.

These allegations were put to the Trust and were admitted.  A financial settlement was achieved quite quickly for a 5 figure sum.  However, Mr P had lost 2 years of his and his young son’s life and his heart condition had been accelerated.

If you have suffered an injury as a result of a test or investigation being wrongly reported or interpreted and you would like to discuss this please contact us for free no obligation advice.

Ashleigh Holt – September 2018

Avoidable pressure injuries admitted by hospital as part of their duty of candour

Mrs P, an 80 year old lady at the time of treatment, developed severe pressure injuries to her heels and buttock whilst an inpatient at the James Cook University Hospital.  The pressure sore to her right heel was particularly serious, requiring multiple courses of antibiotics due to infection of the bone, hospitalisation, surgical debridement and taking 9 months to heal.

Initially, she did not consider that these sores may have developed as a result of substandard treatment.  However, the hospital adhered to their duty of candour which stipulates that medical professionals should be open and honest with patients and admit when something has gone wrong.  It was only after they told her they thought the sores were avoidable did she decide to contact us for advice.

We took her case on to investigate the standard of the nursing care whilst she was an inpatient.  Our nursing expert was critical of the nurses who had been responsible for Mrs P and identified a number of failings in their care, in particular failing to ensure adequate pressure relief by the use of repositioning and pressure relieving devices.  We then obtained expert evidence from a vascular surgeon on the effects of the injuries Mrs P sustained and he was also critical of the treatment she received from her treating doctors – she was suffering from leg ischaemia which required revascularisation surgery.  Had this been performed earlier, the injuries to her heels would have been avoided.

The hospital was slow to respond to our allegations of negligence and only did so once we were about to issue court proceedings.  They admitted liability and the claim was settled shortly thereafter for £25,000.

In this case, the hospital followed the duty of candour policy and informed Mrs P that, in their opinion, the injuries she sustained were avoidable.  Often, hospitals and doctors are not so forthcoming.  If you think you have suffered an injury as a result of negligent treatment, please contact us on 01642 231110 and one of our solicitors will be happy to advise you.  There is no obligation on you to pursue a claim and the initial discussion is free of charge.

Kathryn Watson – September 2018

No action on suspicious chest x-rays at James Cook University Hospital in the Summer of 2016

SB was only 54 when she died of lung cancer.  A Wife and Mother.  Five months earlier she had been admitted to hospital complaining of chest pains.  She had a chest x-ray which revealed a tumour with a recommendation for an urgent CT scan.  Regrettably SB was not informed of the results and advice for a CT scan was not followed.  She was discharged home with a diagnosis of musco-skeletal chest pain with no further action planned.

The tumour grew.  It wasn’t until 4 weeks before her death that she and the Family were told she had incurable lung cancer and palliative treatment was all that could be offered.  Around the same time the results and recommendation of the earlier chest x-ray were passed on to SB and her Family.  An opportunity for treatment and surgery had been lost and a life unnecessarily shortened.

The family consulted us and we were able to secure an early admission of fault and payment of compensation to the Husband.  I’m afraid that was all the legal system could do.

However, it later transpired that this was not the only missed chest x-ray at JCUH in the Summer of 2016.  We had two other cases where women, also in their 50’s had a chest x-ray which identified a tumour with recommendations for further tests, and in both those cases the information was not acted upon and the women died.  We have taken the matter up with the Chief Executive of the Trust and are awaiting a formal response.  Apologies have been given over the phone and we have been told an explanatory letter is on its way.

Delaying a diagnosis and treatment of cancer of any kind can mean the difference between life and death.  If you have been affected in this way, please get in touch to discuss if there is anything we can do to help.

Hilton Armstrong – July 2018

Premature death of County Durham lung cancer patient

Mrs N was aged 69 when she developed pain in her right shoulder blade.  Her GP arranged for her to have a chest x-ray at a local hospital in April 2013 and this was reported as normal.

Mrs N’s back pain continued.  By the end of 2013 she was suffering some breathing difficulties which were attributed to a chest infection.  When antibiotics failed to improve her condition a second chest x-ray was arranged.  This revealed nodules on her lungs which required further investigation.  She was referred for a CT scan and to a Chest Physician under the 2 week wait rule.

Sadly, the outcome in January 2014 was that Mrs N was suffering from lung cancer.  It was in both lungs and had spread to her spine.  It was at this stage that the Chest Physician realised that the April 2013 x-ray had also shown a mass in Mrs N’s right lung and that this had been missed.

The hospital investigated this error and confirmed that they had contracted out the work of reporting her x-ray to an outside service provider who has missed the lesion.  They could only apologise.

Mrs N commenced treatment and responded well initially.  She was a very fit lady and coped well with the treatment however a follow up CT scan showed that the cancer was progressing.  In February 2015 the cancer was found to have metastasised to her brain and Mrs N passed away in May 2015, aged 72, leaving behind her husband of over 50 years who continued with the claim on her behalf.

The NHS Trust responsible accepted that they had breached their duty to care to Mrs N very early on however they disputed that the 9 month delay made any difference to her treatment or prognosis.  As a result Mr N was forced to issue Court proceedings against the Trust in August 2016.

Mr N’s case, supported by an independent Clinical Oncologist was that

a) His wife’s cancer should have been diagnosed in May 2013.

b) There was no evidence that the cancer had spread by this time and his wife would have been offered surgery to remove the cancer followed by chemotherapy.

c) As a result of the delay in diagnosis, the cancer had been allowed to spread so that surgery was no longer an option.

d) His wife’s life had been shortened by more than 2 years as a result.

The NHS Trust disputed the Claimant’s evidence but only months before a trial at the High Court was due to start, the matter was settled in 2018 in Mr N’s favour when he agreed to accept a 5-figure sum in damages.

The motivation for Mr N was never compensation.  He feels that he has finally got justice for his wife but he continues to miss her every day and he feels robbed of the time he should have been able to spend with her.

Delaying a diagnosis and treatment of cancer of any kind can mean the difference between life and death.  If you have been affected in this way, please get in touch with one of our solicitors to discuss if there is anything we can do to help.

Ashleigh Holt – June 2018

Failure to monitor fetal heart beat leads to stillbirth

Mrs P was 38 weeks pregnant with her second child, a daughter, when she became concerned that she that she had not felt the baby move.  She was referred to hospital by her community midwife and a Consultant Obstetrician admitted her to hospital for the her labour to be induced.  This decision was reversed later the same day by a locum Registrar and Mrs P was discharged.  During the night Mrs P felt her baby move but the movements then stopped and by the following morning Mrs P was feeling contractions.  She was admitted to the delivery suite at the hospital after lunch again with a view that her labour would be induced.

At 18.30 pm the continuous monitoring of Mrs P’s baby was stopped.  Mrs P was moved to a ward later that night and was told that her labour would not be induced until the next morning.  Mrs P’s baby was not monitored again until 9.25 am the following day but the midwife was unable to locate the heartbeat and an ultrasound scan confirmed that Mrs P’s daughter had died.

Mrs P gave birth later that day.  Mr and Mrs P thought their daughter looked perfect.  They were able to dress and bathe her.  At their request no post mortem was carried out and no cause for her death was identified.  Mrs P subsequently suffered a major depression and required counselling.

We were instructed to investigate the standard of care Mrs P had received.  However, in this instance the hospital also commenced early investigations.  An early Letter of Claim to the Trust was following by a full admission of liability in failing to monitor Mrs P’s baby after 18.30 and deliver her earlier so that she would have survived.  Despite the early admission NHS Resolution acting on behalf of the Trust failed to make reasonable offers of compensation in settlement and refused to negotiate so we were forced to start court proceedings.  However, solicitors instructed to act for the Trust made an increased offer which was accepted by Mrs P.

The compensation awarded to Mrs P was made up of a sum for her pain, suffering and loss of amenity but was also to compensate her for past and future financial losses she had and would incur such as the cost of a layette which is the items a new baby needs such as vests and bottles and future counselling.

What we were unable to recover for Mrs P is a statutory bereavement award (currently set at £12,980) because her daughter was not been born alive however the Court regularly awards a sum “equivalent” to a bereavement award and our assessment of the damages recovered in this case included this and ultimately was not challenged by the Defendant.

No amount of compensation can replace what this family lost but in pursuing this claim Mrs P has ensured that she is able to keep her daughter’s memory alive.

A stillbirth is an unimaginable and devastating outcome of what should be the happiest of times.  If you have suffered an injury as a result of treatment given to you during your pregnancy or the delivery of your child, please contact us to discuss this further.

Ashleigh Holt – March 2018

Surgery abandoned due to a lack of beds

Due to abdominal pain Mr M was scheduled to have his gall bladder removed at the James Cook University Hospital in early 2015. It was intended that this procedure would be “keyhole” surgery with the option to convert to open surgery should this become necessary. If the “keyhole” surgery was successful then Mr M would be treated as a day case and allowed home the same day, if an open procedure (traditional “non-keyhole” surgery) was required then he would need to be kept in hospital overnight and so would need an inpatient bed.

Mr M attended James Cook University hospital as arranged and was taken down for surgery shortly after. Before he was put under general anaesthetic there was some concern as there were no inpatient beds available, but Mr M was nevertheless put to sleep and his surgery was started. It quickly became apparent that Mr M would in fact require the open version of the surgery and so needed an inpatient bed. As no beds were available Mr M’s surgery had to be abandoned.

When Mr M came round after his surgery he was told what happened and sent home. Mr M suffered cuts and bruising where his surgery had been started and was in pain for almost 2 weeks, during which time he was unable to work.

A few weeks after the abandoned surgery Mr M returned to the James Cook University Hospital and his gall bladder was removed successfully by open surgery.

Although Mr M was always going to need the open version of the surgery we were able to argue that his initial surgery should not have been started when no inpatient beds were available. Although it was intended that the procedure would be tried as “keyhole” surgery the need to convert to open surgery was always a possibility. Due to the hospital’s failure to make sure a bed would be available if he needed it prior to the surgery Mr M received an unnecessary general anaesthetic and suffered two painful cuts.

After coming to see us we were quickly able to put the case to the hospital, who admitted they were at fault straight away. After a short negotiation Mr M agreed to settle the claim for £3,500, less than a year after we took the case on. Thanks to an early admission of liability (legal blame) by the hospital we were able to settle this claim quickly and ensured that Mr M received the compensation he was due as early as possible.

While not all cases will proceed as quickly as this Armstrong Foulkes’ years of specialist experience working exclusively in medical negligence ensures that we are always in a position to give you the best possible advice in relation to your claim.

Dan Richardson, October 2017

Pressure sores whilst in intensive care

Mrs J was admitted to hospital in October 2012 with sepsis and multi organ failure and she was not expected to survive.  She required admission to the intensive care unit where she remained for 2 months, for much of which she was in a coma.  Fortunately, she pulled through but when she regained consciousness, she was told she was paraplegic as a result of her condition and had developed pressure sores to her sacrum, buttock and heel which took a long time to heal.

It was the evidence of nursing expert that the pressure sores developed because of the hospital’s failure to reposition her whilst she was so unwell.  The hospital claimed that she was too unwell to be moved and if they had tried to reposition her, she probably would have died.  However, our expert was of the opinion that if this was the case, she should have been nursed on a specialist bed and mattress which would have turned her and the pressure injuries would have been prevented.

The hospital defended this case throughout and only accepted our offer of settlement for a 5 figure sum a few weeks before Trial.  The claim was limited to damages for the pain and suffering Mrs J experienced as all of the expenses she had would have been incurred in any event as a result of her paraplegia and not because of any negligence on the part of the hospital.

Kathryn Watson, August 2017

Wrongful removal of a testicle

Kevin was in his mid fifties, single, and had a small benign cyst on his left testicle.  He had put up with it for a number of years.  Eventually he was advised that he should have it (the cyst!) removed.  Tests had confirmed that there was no cancer.  He received assurances that this was all that was to happen.  He went to hospital for what he expected to be a normal procedure for removal of this benign cyst.

After the operation the Consultant was doing his ward round with the trainees.  He announced to his colleague and Kevin that everything had gone to plan but to be safe he had removed the testicle, not just the cyst.  At first Kevin thought he hadn’t heard him correctly.  To say Kevin was angry was an understatement – he was absolutely furious.  Loss of his testicle was something he had wanted to avoid, and assured would not happen.

He came to see us about a claim.  The claim was pursued on a ‘no win no fee’ basis.  Within 8 months and shortly after starting court proceedings we secured a settlement of £15,000 plus payment of legal costs.  In monetary terms this the going rate for a loss of a testicle case as there were no complications or future concerns.

Hilton Armstrong – June 2017

Delays during labour lead to hysterectomy for first time mum

Miss G, aged 22, was admitted to hospital to give birth to her first baby.  Her labour was slow and she was given a drug called Syntocinon to try and progress the labour but this failed.  Despite being fully dilated the baby’s head had not descended.  The delivery team discussed using forceps but it was eventually decided that they would need to proceed to an emergency Caesarean Section.  Miss G was delivered of a healthy baby boy but within 3 hours of her son being born she was rushed back to theatre.  Her heart rate was excessively fast, her blood pressure was low, her abdomen was distended and she was bleeding into a drain which had been placed during the earlier procedure.  Miss G required open surgery that evening.  She was found to be bleeding from an extension of the uterine incision which had not been repaired at the time of the Caesarean Section.  This was repaired and the bleeding stopped but over the next few days she remained very unwell and she was commenced on antibiotic therapy.

A week after her son was born Miss G required a second open surgery as a bowel injury was suspected.  No injury to the bowel was identified but the following day she was taken to theatre again for a third open surgery where it was found that her uterus was necrotic.  The only solution was a hysterectomy following which she was transferred to intensive care.

Miss G was discharged from hospital after 3 weeks but required a readmission almost immediately when she haemorrhaged and required treatment for a pseudo aneurysm.  She was an inpatient for a further 2 weeks and then discharged home.  The significant surgical wounds to Mrs G’s abdomen were slow to heal and a year after her son was born she required further surgery to repair a hernia and revise her scarring.

We investigated and pursued a claim for Miss G arising out of the long term, life changing injuries she had suffered and the NHS Litigation Authority accepted on behalf of the Trust which managed the hospital that it was negligent to have delayed in not carrying out a Caesarean Section earlier.  By leaving it so late, it made the operation more complex and it was also negligent to fail to repair the extension of the uterine incision.  These failures led to Miss G’s uterus becoming so severely infected that it had to be removed.  The outcome of this was that while she could have further biological children as her ovaries had been retained, she would not be able to carry them without a womb and she would therefore need medical assistance by way of IVF and a surrogate.

The investigation into the extent of Miss G’s injuries was lengthy.  In addition to long term physical injuries, Miss G suffered depression and Post Traumatic Stress Disorder and required medication and therapy.  From her son being born he was cared for almost entirely by his grandparents and aunt.  Miss G missed the first 6 – 8 weeks of his life.  Physically she recovered to return to work 8 months after her son’s birth to her job in a care home but she was unable to cope, mentally and physically,  with the type of work and she found sedentary work in an office.

The solicitors acting on behalf of the NHS made a low offer in the first instance and it became necessary to start court proceedings as an agreement could not be otherwise reached.  The claim eventually settled only 3 months before a trial was set to take place in the High Court at Newcastle upon Tyne District Registry.  In addition to obtaining compensation for her physical and psychiatric injuries, we were able to recover compensation which would allow Miss G to pay for IVF and the costs and expenses associated with having a surrogate carry  at least 2 future children for her.  The claim settled for over £200,000.

Compensation cannot replace what Miss G lost on what should have been one of the happiest days of her life.  However, by pursuing a claim she has secured the ability to extend her family as she had always planned to.

If you have been affected by medical treatment in a similar way or know someone who has suffered like Miss G has please do not hesitate to get in touch.  We are dedicated to helping patients injured through negligence recover compensation and we are happy to discuss your experiences with you and help where we can.

Ashleigh Holt – March 2017

Failure to consider x-ray leads to unnecessary death

Shirley Wise was admitted to hospital in the early hours of a Tuesday morning with diarrhoea and vomiting.  Her treating doctors thought she was suffering from gastroenteritis but requested that an abdominal x-ray be performed to rule out anything more sinister.  The x-ray was performed at around 9:30 that morning but no doctor looked at it.  Unfortunately, because nobody looked at it, it was missed that Mrs Wise was not suffering from gastroenteritis but from gallstone ileus, a condition where a gallstone had eroded through her gall bladder into her bowel.  Had this been picked up, she would have had emergency surgery to remove the gallstone.  Instead, she deteriorated and died in the early hours of Thursday morning.

A claim was brought by her daughter, Tracey Georgeson.  The hospital admitted fault very quickly and settlement was reached soon after.  This included compensation for Mrs Wise’s unnecessary suffering before her death as well as for funeral expenses and other miscellaneous items.

Ms Georgeson has been very keen to make the public aware of what can happen when things go wrong in hospital.  We put her in touch with a journalist from the Evening Gazette who ran a story about this incident last September, which they then updated recently (please click on the links below if you would like to read the articles).

http://www.gazettelive.co.uk/news/teesside-news/daughters-heartache-over-alleged-hospital-11858518

http://www.gazettelive.co.uk/news/teesside-news/grans-hospital-death-could-been-12516562

If you suspect you or a family member has been injured as a result of medical negligence and would like some advice on whether there is a claim to pursue, please do not hesitate to contact us on 01642 231110 and one of our solicitors will be happy to talk to you about your complaint.

Kathryn Watson – February 2017

Delay in Diagnosing Stomach Cancer

Catherine was 53 when she died of stomach cancer.  2 years earlier her GP had referred her to hospital after she went to see him complaining of a feeling of fullness in her tummy.  She had an endoscopy, and biopsy, and was told all was clear and that she probably just had an ulcer.  This came as a great relief to her husband, Keith, and their children.  Unfortunately, as they were to find out a year later, the Pathologist had made a mistake when examining the biopsy.  She was not in the clear.  She had cancer which needed operating on.  By the time this was discovered it was too late and she died 2 months later.

The hospital were quick to admit that the Pathologist had made a mistake but defended the claim on the basis that even if the cancer had been diagnosed earlier, Catherine would still probably have died.  Shortly before a trial date was fixed we managed to persuade the hospital’s Solicitors to settle out of Court for £57,500.  As Catherine did not work and the children had grown up, it is a sad fact of the English legal system that compensation to the Husband in cases such as this can never reflect the true value of his loss.

Hilton Armstrong – 11/01/2017

The Misery of Pressure Sores

In 2014 Mr G suffered a serious stroke, leaving him effectively paralysed down his right hand side. He was initially treated on a specialist stroke ward before being discharged to a nursing home but a few weeks after his discharge Mr G developed an infection and required readmission to hospital.

On this occasion he was admitted to an elderly care ward, rather than the stroke ward he had been on previously and the nursing care he received left much to be desired. While previously Mr G had been regularly repositioned while on the stroke ward to prevent the development of pressure sores, on the elderly care ward he was left lying in one position for long periods of time.

This lack of care resulted in 2 pressure sores developing on Mr G’s heels.  Once they have been allowed to develop pressure sores can take a very long time to heal and they can be extremely painful.  Sadly Mr G passed away a few months later.

Mr G’s family asked us if anything could be done about the treatment he had received. After investigating his treatment, we wrote to the hospital and put our allegations to them that it was substandard for to have failed to put adequate measures in place, such as a pressure relieving mattress or a system of positional changes, to prevent the development of Mr G’s pressure sores.

In their response the hospital admitted that they had failed to provide Mr G with an adequate level of care and made an offer to settle the claim, which was accepted by Mr G’s family.

Pressure sores continue to be a significant problem.  They can delay someone’s recovery and prolong hospital stay.  The healing process can be lengthy and they have a huge social cost.  Even once healed, the after effects can be debilitating and in some cases pressure sores can prove fatal.

If you or anyone you know has suffered pressure damage as a result of poor nursing care please get in touch with us to see how we can help you.

Dan Richardson – October 2016

Injury through failure to be seen by a Consultant

Mrs B was referred to hospital by her GP for possible removal of a gallstone.  In his referral letter, her GP made it clear she had previously undergone major gynaecological surgery including a hysterectomy and surgery to remove her fallopian tubes and ovaries.

At hospital, Mrs B was seen by a junior doctor who listed her for keyhole surgery to remove her gallbladder.  This was performed by a Registrar and during the operation he found dense adhesions from the previous surgeries and her bowel was found to be stuck to the back of the abdominal wall.  A Consultant was called to assist and he made the decision to abandon the procedure.

Mrs B was very unwell after the operation with nausea, pain and a fever.  It was thought she had a bowel injury and so the next day was taken back to theatre for open surgery when it was found that she had a “through and through” kebab style injury to her bowel.  During this surgery, a further injury to her bowel was caused.  It was decided to attempt to treat the injury conservatively but due to a lack of improvement, she underwent further surgery when her bowel was resected.  She suffered from an MRSA infection and was eventually discharged home 8 weeks after her admission.

She now has a 40cm scar running the length of the abdomen and she continues to feel bloated with abdominal swelling and persistent nausea.  She also suffers from an increased frequency to pass urine.

The Professor of surgery we instructed to assist us with this claim identified a host of errors in the treatment Mrs B received.  He was critical that she saw only a junior doctor initially given her medical history, that a Consultant surgeon did not perform the first operation given the likely difficulties that they would face, that they injured the bowel and that they failed to diagnose this injury at the time making the surgery the next day even more difficult resulting in further injury to the bowel.  The defendant admitted all of this and the claim was settled for a 6 figure sum.

If you think you may have received negligent medical treatment and would like some advice on whether there is a claim to pursue, please telephone us on 01642 231110 to speak to one of our solicitors who will be happy to advise you.

Kathryn Watson – August 2016

Care Home Neglect

Mr G suffered with Alzheimer’s disease. Although his family were initially able to manage him at home, in the middle of 2013 they made a difficult decision to move him into a care home on the basis that the Managers of the home were able to assure his family that as specialists in dementia care the home would be able to cope with his needs including occasionally challenging behaviour.

On admission Mr G was clean and well-presented but over the first few weeks and months he appeared progressively more and more dirty and dishevelled and his family began to have concerns regarding the care he was receiving, and particularly whether Mr G was being restrained and whether appropriate force was being used when this was necessary.

Despite previously having had little difficulty walking Mr G soon appeared to be struggling to walk. After speaking with the care home staff it became apparent that the care home’s chiropodist was refusing to treat him and the care home had failed to arrange an alternative. When the family took Mr G to see his old chiropodist it was noted that he was wearing socks 4 sizes too small, and they must not have been removed for some time as his skin appeared to have begun to grow through them.

In late 2013 Mr G’s family arranged for him to move to a different care home. By this time he was also doubly incontinent and had sores on his buttocks.  Thankfully the new placement provided the care and support that Mr G  needed and he went on to make a good recovery to the relief of his family.

We brought a claim against the operator of Mr G’s initial care home for failing to adequately care for Mr G. The care home quickly admitted that it had not been a suitable placement for Mr G in the first place, that the staff were not adequately trained and that the level of care provided  had been substandard. After negotiations Mr G’s claim was settled for £5,500, £2,000 of which was paid to his family to be used to meet his immediate needs. The remaining £2,500 was paid into Court to be used for Mr G’s benefit in the future.

Dan Richardson – June 2016

Delay in Diagnosing Gall Bladder Cancer

This is another sad case where an avoidable error started a chain of events that led to a tragic conclusion.

Simon was 56 years of age when he had his gall bladder removed.  As is usual, this was then sent to the Pathology labs to check if there was any evidence of cancer.  He returned to see the Consultant a few weeks later and was told that the operation had been a success; he had been given the ‘all clear’ and so could return to work.  Unfortunately, as later transpired the Consultant had read the pathology report wrongly – he should have told Simon that there was evidence of cancer in the removed organ and immediately referred him to a specialist for extensive surgery.

Two months before his death Simon suffered severe abdominal pains and investigations were undertaken.  However, it wasn’t until a month before his death that the full details of the Pathologists report were realised.  By that time Simon was very poorly and his condition was inoperable.  He died 7 months after being given the ‘all clear’.

The hospital could not avoid admitting that the Pathologists report had been “incorrectly interpreted” by the Consultant.  However, they defended the claim on the basis that even if they had acted immediately it would have been too late to operate – they were saying Simon would have died anyway.  This was most distressing to the family.

Luckily the Surgeon we retained for the claim was a national expert on gall bladder cancer and could say with real authority that had Simon been operated on he would have survived with a normal life expectancy.  The claim settled a few days before the trial was due to start.

Hilton Armstrong – March 2016

58 GP appointments with a persistent infection and yet no referral to hospital

In December 2011, Mrs N developed a severe pain in her stomach for which she was admitted to hospital. It was thought she was suffering from appendicitis but during keyhole surgery no cause for her pain was found and she was later discharged home.

Unfortunately, she subsequently developed an infection around her tummy button as a result of a suture that had been used during the surgery. This is not considered negligent and is known as a recognised complication of any surgery, all that is needed is removal of the suture by the surgical team at the hospital. However, despite going to see her GP on 58 occasions about the infection over a 20 month period, he failed to refer her back to hospital for this treatment. The infection only resolved after Mrs N managed to remove the suture herself using a mirror and a pair of tweezers.

We brought a claim against her GP for failing to refer her back to hospital earlier with an ongoing infection around her tummy button. His medical defence organisation acting on his behalf accepted this failure to refer her had been substandard and the claim was settled for a four figure sum.

If you suspect you have been injured as a result of medical negligence and would like some advice on whether there is a claim to pursue, please do not hesitate to contact us on 01642 231110.

Kathryn Watson – December 2015

Set Alight under General Anaesthetic

PH underwent a surgical procedure in March 2014 to reposition a stoma from one side of his abdomen to the other.

It had previously been discovered that PH was allergic to the Betadine usually used to clean and prepare the skin around the surgical site and so the alcohol based Chlorhexidine skin preparation was used instead.

During the surgery, and whilst still under anaesthetic, a swab soaked in Chlorhexidine was left on PH’s abdomen and ignited by a surgical cutting tool. The surgical drapes and his skin caught on fire. The fire was extinguished and the drapes removed. The surgery was completed as planned but PH was left with burns and blistering on his abdomen.

PH remained in hospital for 6 days before being discharged and the burn injury took some time before settling down causing a great deal of unnecessary pain and discomfort for PH. PH has been left with permanent scarring to his abdomen as a result of the burns.

In addition to his physical injuries, unsurprisingly, PH also suffered a psychological reaction as a result of what happened to him whilst under anaesthetic. Thoughts about been set on fire whilst under anaesthetic, how things could have ended a great deal worse and concerns about undergoing any surgical procedures in the future were very distressing. PH has undergone psychological therapy to help him come to terms with the incident.

PH instructed Armstrong Foulkes LLP and compensation was recovered to represent his unnecessary pain and suffering from the burn injuries and the psychological reaction.

Incidents like this are wholly avoidable and by raising a complaint to the hospital and pursuing a claim for personal injuries through Armstrong Foulkes LLP the defendant hospital has now put measures in place to make sure this terrifying incident never happens again.

Andrew Walker – October 2015

Multi million pound settlement for 9 year old cerebral palsy sufferer

AA was a healthy baby born to her delighted parents and 3 siblings in 2005. At 6 months she was making noises and playing with her hands. She would hold onto her toys and reach for things as she was expected to. When she became unwell and was not herself her mother recognised this and took her to a local hospital. As well as vomiting, AA’s mother reported that she had seen blood in her daughter’s nappies however the examining doctor remarked AA to be “well” and diagnosed viral diarrhoea before sending her home.

Within 20 hours, when AA was seen again, she was so severely dehydrated with respiratory and circulatory failure (and renal failure) she required resuscitation. However, during the course of this she developed brain damage as a result of insufficient blood and therefore oxygen getting to the brain. She was discharged home after 18 days but it was not until sometime later that the extent of the severe brain damage she had suffered was realised.

Now aged 9, AA suffers from cerebral palsy, severe learning difficulties and epilepsy. She has very little function in any of her limbs and it is unlikely that she will regain any meaningful mobility. She has severe cognitive impairment and severe learning disability. She has no speech or communication (although her mother and siblings intuitively understand her) and she will always need 24 hour care and supervision.

Armstrong Foulkes were instructed by AA’s family to investigate the standard of the treatment given to AA when she first attended hospital. We instructed an independent expert in A&E medicine to consider the decision to send AA home. He was of the view that it was substandard. The doctor who saw AA had not taken adequate information from her mother and did not give enough notice of her concerns or to the symptoms she described as having seen.

The doctor failed to consider AA’s rapid pulse and did not appear to appreciate how quickly a child with an illness like this could quickly deteriorate and become very dehydrated. He made no attempt to describe AA’s proper condition in terms of hydration and circulation and he should certainly not have described AA as “well” when there was nothing to support this.

Many other observations which should have been carried out were not. Very simply, the examination and assessment that was carried out did not take into account the abnormalities that were observed and recorded and did not demonstrate that AA was well enough to be sent home when instead she should have been referred to a specialist paediatrician.

We then instructed an independent Paediatrician to consider what difference the failure to refer AA to a Paediatrician a day earlier made. He was able to say that referral to a paediatrician would have led to an admission during which AA would have been given intravenous fluids early on when it became clear that she was not getting better. This would have prevented the degree of dehydration which evidently occurred and the brain damaging event.

In 2008 we were able to formally approach the NHS Trust which is responsible for the hospital with the results of our investigations. A full admission of liability and causation was received to the relief of this devastated family.

In a case such as this involving a very young child with such catastrophic injuries it is almost impossible to form a realistic view on the level of compensation that will be suitable until they are much older, perhaps 7 or 8. By this age medical experts can usually give an opinion about the extent of the injuries and how they will affect the child in the future.

Some things were of course obvious. It was clear early on that the family home was not suitable for AA and her needs. We were therefore able to secure a seven figure early payment of compensation to purchase suitable alternative accommodation that could be adapted for AA’s disability needs and also to begin putting in place professional carers and physiotherapists to assist the family.

Over the years AA was seen by many medical experts instructed by us and by the solicitors acting for the hospital including Paediatric and Neurology experts, care and occupational therapy experts, physiotherapists, educational psychologists, assistive technology experts, speech and language therapy experts and accommodation experts. All of this was in order to support the claim we would put forward on her behalf but also to support the alternative position put forward by those acting for the hospital.

In 2014 AA had been seen by all the necessary experts and at age 8 we had a good idea as to what needs she would have for the rest of her life. In order to negotiate a compensation settlement the parties exchanged their medical evidence and full detailed explanations of the various financial claims we had worked out she would need.

Both parties had valued AA’s claim very differently. The expert we instructed estimated that AA would live into her mid 60’s whereas the expert instructed by the hospital did not expect her to live much past the age of 50. Together with other factors such as the extent of care she would need and the extent of the adaptations necessary to her new home, meant that there was an almost £6,000,000 difference in each side’s valuations.

Independent financial advice was obtained and as AA’s life expectancy was so uncertain but also not insignificant, it was felt that the best form of settlement was to have some of the compensation paid in a lump sum with the rest being paid in regular annual payments. These payments would be made to AA for the rest of her life. Whether she lives to the age of 60 or 100, these agreed annual payments will be made to her each year to ensure that her compensation does not run out and that she has sufficient funds to pay for her care, therapies and other expenses associated with her disability.

Three weeks before a week-long trial was due to take place, a settlement was agreed and approved at the High Court. Should AA live as long as our expert anticipates then she will have recovered over £14,000,000 in compensation for her life changing injuries.

No amount of money will ever compensate AA or her family for what they each lost on that fateful day however by seeking appropriate legal advice AA’s family have ensured that their daughter’s needs are met now and in the future and she will receive the proper care and attention she needs for life.

At Armstrong Foulkes we have experience in handling all types of clinical negligence claims involving all types of injuries. From those which are small and minor with no lasting effect to those which are devastating and life altering and serve as daily reminders of the avoidable mistake made in your treatment or care, we can advise you on whether you have a claim to pursue. It is the only type of work we do. We don’t do road traffic claims, trips or slips or accident at work claims but if you have suffered an injury as a result of what you suspect is medical negligence please do not hesitate to contact us.

Ashleigh Holt – August 2015

 

 

 

 

Breast Cancer – the importance of “the triple assessment”

In 2009 Mrs L was referred to hospital by her GP under the urgent 2-week rule after finding a lump in her breast.  She was seen by a Surgeon and underwent an ultrasound scan and a mammogram.  She was diagnosed with a simple skin cyst which did not require treatment.

Over 2 years later the lump was larger and painful.  This time in addition to scanning and clinical examination, she was offered a needle biopsy in order to get a tissue diagnosis.  Sadly, this confirmed that Mrs L was suffering from invasive breast cancer and the lump being investigated was the same lump she had been assured was not cancer 2 years earlier.

Mrs L underwent breast conserving surgery and axillary node sampling which revealed that the cancer had metastasised i.e. spread to her lymph nodes.  As a result, she then needed 6 cycles of chemotherapy and additional radiotherapy  The chemotherapy made Mrs L extremely ill.  She suffered alopecia, stomatitis, constipation, nausea, tiredness and musculoskeletal discomfort.  She was left extremely anxious and the additional treatment she required has left her with a life long increased risk of developing other debilitating and unpleasant conditions.

Mrs L made an excellent recovery and was able to return to work despite the setbacks and she instructed Armstrong Foulkes to investigate whether the treatment she had received was acceptable.

Independent expert evidence was gathered from a Radiologist, a Breast Surgeon and a Clinical Oncologist.  On the basis of their expert opinion, a claim was brought for 2 reasons:

a)            The ultrasound scan in 2009 had been reported incorrectly, and

b)            Mrs L should have been offered a needle biopsy in 2009.  Together with the other investigations – radiological and clinical, a needle biopsy would have formed what is known as “the triple assessment”.

With the triple assessment in 2009, Mrs L’s cancer would have been diagnosed 28 months earlier.  She would have avoided the cancer metastasising and she would have avoided having any chemotherapy at all and  would have only needed radiology to breast and avoided having the area above her collarbone irradiated.

The NHS Litigation Authority acting for the Trust denied any wrongdoing and Mrs L had no alternative but to start court proceedings.  Shortly after, the Defendant opted not to continue to defend the claim and they made an offer in settlement.   After some negotiations, Mrs L accepted a reasonable offer in full and final settlement of her claim.

Ashleigh Holt – June 2015