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