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Medical Negligence

Injury Claim Resulting From MUA Negligence Following Knee Replacement

Damages: £25,000

The firm were instructed in September 2008 to act on behalf of a 68 year old lady in a case of medical negligence following surgery. The Claimant underwent two manipulations under anaesthetic (MUA) following a total knee replacement procedure in November 2007.

The first MUA was uneventful but following the second procedure the Claimant was in significant pain following the procedure and an x-ray revealed a supra condylar fracture of the left knee. The Claimant then required a further operation to fix the femur.


Negligence Following Slipped Disc Surgery Resulting In Kidney Failure

Damages – £14,000

Mr B instructed us in July 2008 to work on a medical negligence claim following treatment of a slipped disc. He had undergone surgery to repair a spinal disc prolapse. Due to pre-existing high blood pressure (hypertension), Mr B was prescribed blood pressure lowering drugs. Unfortunately after the spinal surgery, the nurses at the Defendant NHS Trust continued to administer these drugs without keeping proper observations of Mr B’s blood pressure.


Failed diagnosis of pulmonary embolism and subsequent heart attack

Damages – £85,000

Mr Bolton instructed us in August 2007.

The late Vicki Tasker developed shortness of breath on exertion and was referred to the Defendant NHS Trust by her GP. She was an otherwise fit and health 37 year old woman. The hospital carried out various ECGs to check Ms Tasker’s heart rate, the results of which were clearly abnormal.


Infection Of Replacement Knee And Antibiotic Toxicity

Damages – £80,000

Mrs Williams instructed us in February 2007. She suffered from arthritis in her knees and had undergone a knee replacement operation. Following surgery, she developed an infection in the wound. This is unfortunately not uncommon.

She was hospitalised and received intravenous antibiotics to treat the infection, which included a very powerful drug called Gentamicin. It is a strong antibiotic and patients must be carefully monitored at all times, to ensure the levels of the drug do not exceed dangerous levels. The drug should only be prescribed for a maximum of 7 days.


Misdiagnosis Of Periodontal Disease

Damages – £4,000

Mrs Woodward instructed us in March 2010.

In 2007, she was diagnosed with periodontitis (inflammation and infection of the ligaments and bones that support the teeth). The Defendant dentist was asked by a specialist dental hospital to carry out regular six-monthly scaling but failed to do so. As a result, the disease was allowed to progress and worsen.


Breast Cancer Misdiagnosis

Damages – £50,000

We were instructed in April 2009.

The Claimant, herself a junior Urology doctor, developed a breast lump in April 2008. She sought advice from the First Defendant GP, who reassured her there was nothing to be concerned about.

As the lump did not resolve and gradually became larger, the Claimant returned to see her GP in June 2008. The GP then referred her to hospital for investigations, but only on a routine basis and not under the two-week NHS Cancer Referral Guidelines.


Surgery Negligence And Subsequent Incontinence

Damages – £215,000

We were instructed in May 2007.

The Claimant had a history of back problems dating back to her teenage years. She underwent spinal surgery with insertion of metal screws in 2001. When her back pain did not resolve, she sought further advice from the surgeons at St Mary’s Hospital in London. She was advised to undergo surgery to remove the metalwork which had been in situ for 5 years.


Partial Loss Of Vision Due To Brain Tumour

Anna Neil acted on behalf of C.

C suffered bilateral loss of functional eyesight in 2005 secondary to a benign meningioma (brain tumour). C alleged that there was a negligent delay in diagnosing and treating her meningioma. It was C’s case that had she received proper treatment, surgery would have been performed before she lost her sight.


Clinical Negligence Resulting In Multi Organ Failure And Death

Damages: £60,000

The late Mrs M J suffered from colitis (an inflammatory bowel disease). For many years, her condition was managed with medication but by 2008, her symptoms were becoming increasingly intrusive and affecting her quality of life and she was suffering rectal bleeding and frequent bowel movements.


Compensation Following Misdiagnosis Of Irritable Bowel Syndrome

Damages: £25,000

Mr B developed faecal urgency and frequency (suffering loose stools and up to four motions every morning). His GP diagnosed him as suffering from IBS (Irritable Bowel Syndrome) and prescribed Loperamide (an anti-diarrhoeal drug).


Failure To Diagnose Fractured Ankle Negligence Compensation

During a game of rugby S fell, sustaining a fracture of the talus. He attended A&E at Cirencester Hospital and an x-ray was undertaken, however the fracture was missed at the time of reporting. As a result of the Defendant’s failure to correctly interpret and diagnose the ankle fracture, our client was allowed to mobilise on his ankle. This led to the fracture displacing. As a result of the displacement the Claimant underwent open reduction and internal fixation of his fracture to stabilise this. At the date of settlement the Claimant’s ankle remained symptomatic. It was the expert’s opinion that the Claimant would not be able to return to his pre-incident hobby of Rugby and that he would require an ankle fusion in the future.


GP Negligence In Misdiagnosis Of Breast Cancer Claim

Damages: £150,000

In October 2004 at the age of 41, Ms Y developed a breast lump and attended the GP for an examination and advice. Ms Y’s recollection was that the GP only examined the affected breast and not the other breast (for comparative purposes). The GP said she could feel a “slight edge” in Ms Y’s breast in the location of concern.


Damages Award for Child with Cerebral Palsy

Kerry Fifield of our Clinical Negligence team has recently settled a claim for a child for in excess of £8 million. An Approval Hearing took place earlier this month at the Royal Courts of Justice

The Defendant; Barts Health NHS Trust, were negligent during the child’s birth which resulted in the child being starved of oxygen and suffering from athetoid quadriplegic cerebral palsy.


ND –v- Southampton University Hospitals NHS Trust

Negligent Spinal Surgery

From childhood, ND suffered from scoliosis (curvature of the spine). She underwent two-stage spinal correction surgery in 2002 at the age of 14. The first stage was successful but during the second operation, it was alleged that the Spinal Surgeon failed to take the metal instrumentation sufficiently far down her spine. As a consequence, ND‘s curvature recurred, which left her with uneven hips and one leg significantly shorter than the other.


K and 4 others - v - Dr Fielder
GP’s failure to interpret abnormal ECG leading to heart attack and death.

Damages - £425,000

The firm were originally instructed by client in 2003 following the death of her (41 year old) partner due to a heart attack. The firm were also instructed to act on behalf of the deceased’s 4 children.

Following initial investigations reports were obtained from an independent GP who commented on the standard of care by the deceased’s GP. A supportive report was obtained confirming that an ECG taken a couple of weeks before the death was incorrectly read as ‘normal’ and as a result no action was taken. The deceased should have been referred to cardiologist for treatment. A report from a Cardiologist confirmed if the deceased had been appropriately referred an earlier diagnosis would have been made and treatment would have been commenced and the death would have been prevented.

After lengthy investigations in relation to the deceased’s employment history, earnings and an assessment of damages for all parties a round table meeting took place with the Defendant’s Solicitor, barrister and insurer and settlement was agreed in excess of £400,000.

B v Portsmouth Hospitals NHS Trust Delay in diagnosing malignant melanoma

Damages - £220,000

Claim was in respect of an 8 month delay in diagnosing a malignant melanoma on the client’s knee. The delay has had serious implications for the client’s future prognosis.  Client initially forwarded a letter of complaint to the Trust, before she instructed Clarke Willmott, and no admissions were made in respect of any delay. Following investigation and instruction of medical experts the Trust finally accepted negligence and a written apology was sent to the client in January 2009.

Kerry Fifield was instructed by the client in and the Claim settled, prior to Trial, for damages totalling   

L v Portsmouth Hospitals NHS Trust Delay in treating MRSA

Damages - £325,000

Client developed MRSA following surgery to his bowel in August 2003. It was alleged that the treating doctors at the hospital failed to prescribe the correct course length of antibiotics following diagnosis. The Client developed psoas abscess and osteomyelitis and required further surgery and a prolonged inpatient stay in hospital until August 2004.

The client was left with significant restricted mobility and was extremely dependant on his wife for care and assistance.

Claim settled at a round table meeting, prior to Trial, in February 2009 for £325,000.

A v Lincolnshire Teaching Primary Care Trust Delay in diagnosing and repairing a hernia

Damages - £5,150

Claimant underwent inguinal hernia surgery July 2006. Post-op he suffered ongoing pain but was reassured. Claimant was seen in December 2006 and then referred to another hospital for nerve blocks. An ultrasound in April 2007 revealed recurrence of hernia, which developed after initial surgery. Hospital failed to diagnose and repair the recurrence as result the Claimant had suffered 8 months avoidable pain and suffering. Claim settled for £5,150 in June 2009

D v Drs Trewavas (1), Newson (2) & Kyrionymou (3), and Hinchingbrooke Healthcare NHS Trust (4)
Failure to stop medication following adverse reaction

Damages £40,000

Client prescribed Carbemazepine; hospital doctors had previously advised GP to monitor and stop medication if a rash developed. Client reported rash after 2 days but GPs failed to advise the client to stop taking medication. Client continued taking it for 8 weeks and became very unwell.
Client suffered prolonged rash, weakness and psychological reaction. Claim settled in March 2009 for £40,000.

Stroke following GP failure to treat raised Blood Pressure

Damages - £750,000.00

Anna Neil and Vanessa Aston represented our client in a claim against his GP. In February 2005, aged 60, our client suffered a stroke rendering him partially hemiplegic with complete left foot drop and partial facial palsy with altered sensation.

We pursued a claim for failure to monitor and treat severe hypertension which had been evident for 3 years prior to his stroke. We obtained supportive expert evidence on liability and causation from a GP and Neurologist.

At the time of is stroke, our client was working as a self employed electrician and enjoyed a good income. He had a relatively young family and had intended to continue working until age 70. His disability rendered him unable to work. Our client required much assistance and care from his wife and his 4 storey home was unsuitable for his needs.

The Defendant admitted liability and causation after legal proceedings were commenced. The Defendant did not accept the value of our client’s claim. Evidence was obtained in relation to care and accommodation needs. We claimed damages for loss of earnings, care, physiotherapy, equipment and alternative accommodation. Our client’s case was settled by negotiation for £750,000.00 plus legal costs.

GP failure to treat gastro-enteritis and dehydration of a 10 month old

Damages - £500,000.00

Anna Neil represented our client who bought her claim through her mother as she was a child and lacked capacity. Her claim was against her GP. Our client funded her claim through legal aid. Our client suffered from incomplete hemiplegia and intellectual deficit at the age of 10 months due to cardiac failure, acute dehydration and hyperglycaemia following a bout of severe diarrhoea and vomiting. Our client alleged that her GP had failed to appreciate and treat signs of severe dehydration following home visits and telephone consultations.

Our client’s case was extremely difficult both in relation to liability and causation of injury. The Defendant denied the claim entirely. In addition to overcoming these difficulties, the Defendant’s insurer, the MDU, sought to rescind indemnity from the Defendant who had died before proceedings were commenced. They therefore argued that our client's claim was limited to the value of the Defendant’s estate.

Notwithstanding these difficulties, we successfully settled our client’s claim the day before trial for £500.000. Our client did not have capacity to manage her affairs and as such her settlement was approved by the court and a Deputy was appointed by the Court of Protection. We were able to utilise the skill of our private client team in relation to the appointment of deputies and the Court of Protection.