Medical Negligence

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 -

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

Katie Nairne and 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.