Recent Cases - 2010

Although Medical Negligence cases address very sensitive and complex issues, for most of our clients their objective is to fully investigate the events that occurred, to find answers to the many questions that they have and why the events happened in the first place. We believe that the most important aspect of a Medical Negligence case is to achieve justice for our clients as well as compensation and it is vital that these mishaps and errors are prevented from occurring in the future.

We have set out below some of the types of cases we have recently been involved in which, although very sensitive and upsetting, we have achieved some sort of justice for our clients.

Death of mother after Weight Loss Surgery - £110,000

In December 2010 we settled a case in relation to the death of a mother, after surgery for weight reduction (a sleeve gastrectomy) for agreed damages of £110,000.  The settlement was approved by the Court including payments for the children in respect of the loss of their mother.

Undiagnosed perforated bowel after surgery causing death - £110,000

In October 2010 we settled a claim for damages in respect of the loss of a wife, mother and grandmother, in the sum of £110,000.  She had undergone surgery relating to cancer and this resulted in a perforation of her bowel which went undiagnosed leading to her untimely death.

Delay in diagnosis of fractured hip contributing to death - £10,000

In October 2010 we settled a claim for £10,000 relating to the death of our client’s former common law husband as a result of negligent hospital care, including a failure to carry out an X-ray which would have showed he had a fractured hip, this delay contributing to his untimely death.  The claim related to damages for his pain and suffering for a short period and funeral expenses.

Minor brain damage at birth due to negligence - £650,000

We obtained a £650,000 lump sum settlement for a 9 year old boy whose phenylketonuria was not diagnosed, as it should have been shortly after his birth with the result that he suffered minor brain damage which affected his education and behaviour.

Negligent cosmetic surgery resulting in the loss of a man’s nipple - £20,000

£20,000 settlement for a man who lost his nipple as a result of a negligently performed cosmetic procedure.

Fatality following hip surgery - £7,500

A fatal accident claim by a daughter in respect of the death of her late mother who died from sepsis following hip surgery, the medical team having failed to identify and treat a wound infection.  The claim was settled for £7,500.

Psychiatric Injury - £35,000

This was a claim for psychiatric injury. The client had given birth to twins.  One died in utero (not related to negligence) but remained intact as a “fetus papyraceous”.  The client requested the return of the body for burial but the hospital took about 8 months to deal with the request and eventually gave her a Jiffy Bag containing six wax tissue sample blocks with no warnings as to the contents, causing her severe psychiatric injury. The claim was settled for £35,000.

Delay in diagnosis of fractured knee - £8,500

We secured £8,500 for a middle aged woman who had fractured her knee but this was not picked up in the A&E Department with the consequence that she suffered unnecessary pain and suffering.

Pressure Sore Ulcers - £46,000 and £25,000

We secured £46,000 in compensation for an elderly man who sustained a pressure sore ulcer on his heel whilst recovering from a hip operation. The injury was caused by the lack of adequate nursing care at the hospital where he was recuperating from the operation.  We ain lso successfully pursued the Royal Shrewesbury Hospital NHS Trust for damages for the daughter of an elderly lady who died as a result of multiple pressure sores caused by neglect of nursing care.  Both settlements occurred 2010.

Avastin – Adverse Reaction £85,000

We obtained £85,000 compensation for the widow of a man who died as a result of an adverse reaction to the cancer medication, Avastin, that he was taking as part of a clinical trial.  The claim was pursued against the British Pharmaceutical Association “No Fault” Clinical Trial Compensation Scheme.

Negligently performed knee replacement surgery - £115,000

We successfully secured damages for a lady who underwent a negligently performed bilateral knee replacement at a private hospital due to NHS waiting lists.  The treatment was funded by the NHS.

Still births due to midwifery negligence - £33,000 and £25,000

We secured £33,000 and £25,000 in damages for two mothers of still born babies who suffered from psychiatric injuries as a result of their losses.

Delay in Diagnosis - £4,000

We settled a case for an individual where there was a 4 week delay in diagnosing a scaphoid fracture.

Fatality - £37,500

We successfully pursued a claim on behalf of the Estate relating to the death of their mother which was caused by the failure of medical staff to diagnose the cause of her poor blood circulation.  Instead she had her leg amputated unnecessarily and then bled to death when the medical staff failed to interpret the results of her blood pressure readings and failed to recognise that she was bleeding internally.

Two cases of brain damage at birth due to negligence - £3 million and £4 million

In January 2010 we settled a claim, which was approved by the Court, for damages of over £3 million, on a lump sum basis, for a young Essex girl who suffered brain damage resulting from delay in her birth because of the Defendant’s negligence.   Her mother had not been informed of the limitations at the hospital where her labour took place, there being no emergency facilities there, and if she had been so advised she would have requested that her labour and her daughter’s birth should take place at a hospital where such facilities existed, thereby avoiding her daughter’s brain damage.

In September 2010 we settled a case for a young Essex woman who had sustained brain damage, at the time of her birth, again because of delay in her delivery many years ago at Rochford Hospital, this occurring because of the Defendant’s negligence in managing her mother’s labour and her birth. The damages, on a lump sum basis, exceeded £4 million.

Pressure sores - £15,000

In August 2010 we settled a case relating to an elderly lady who sustained pressure sores whilst in hospital for damages of £15,000.  The issues in the case were complex but with the help of expert nursing advice, we were able to show that the care she had received in hospital was negligent causing the pressure sores.

Fractured hip - £10,000

In September 2010 we settled a case relating to an elderly gentleman who fell whilst in hospital, sustaining a fractured hip, for damages of £10,000.  The claim was resolved successfully despite the fact that our advice was sought some years after the incident took place.

Delayed diagnosis - £9,000

We successfully pursued a claim for a man of 86 years of age in respect of a delayed diagnosis of cancer of the larynx.

Cerebral Palsy Claim - £1.75 million

We secured a £1.75 million settlement in a contested cerebral palsy case for a 23 year old man.

Stillbirth due to midwifery negligence - £33,000

We secured £33,000 in damages for the mother of a stillborn baby who suffered from psychiatric injury as a result of her trauma.

Vascular injury - £65,000

We secured damages for a 58 year old man injured as a result of negligently performed varicose vein surgery.

Prostate Cancer – Delay in Diagnosis - £14,000.00

We settled a case for £14,000 involving an individual where there was a delay of 10 months before his prostate cancer was diagnosed.  As a result of the delay he received no pain relief and experienced considerable pain and suffering.

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