Clinical Negligence
Case Study 1:
'L' had heart surgery in 1982 when she was 3 years old. Approximately 1 year later her parents expressed concern about a deterioration in her voice to the paediatrician caring for 'L' at a different hospital and she was referred to an ENT surgeon. Although the ENT surgeon concluded that L's laryngeal nerve was probably damaged by the heart surgery, he discharged her from ENT follow-up appointments and did not recommend any treatment or monitoring of her condition. L continued to suffer with a hoarse voice and shortness of breath throughout her childhood, teenage years and early twenties. She also suffered with asthma.
In February 2006 when she was expecting her first child, L was examined by an ENT surgeon who found that the left arytenoid was prolapsing over her vocal cords, blocking the airway and making the left vocal cord immobile. This required laser surgery. L's symptoms are now very much improved, although she still has a permanently hoarse voice.
Potter Rees was able to obtain evidence to show that if L had been kept under annual review by the ENT surgeon, appropriate treatment would have been undertaken some 10 to 15 years earlier. Assessing an appropriate amount of damages was complicated by L's asthma and the difficulty in showing that most of the problems L had at school, college and in her daily life were caused by the damaged vocal cord and airway. Happily the hospital offered a compensation settlement which L was extremely pleased with and she instructed us to accept it without delay.
Case Study 2:
'P' was an adult, who at the age of 4 underwent an operation to perform a bilateral inguinal herniotomy. After undergoing fertility investigations, it was found that 'P' had no sperm but neither testis was atrophic. Further tests found bilateral obstruction of 'P's' vas deferens and the treating urologist was of the opinion that this was due to negligence during the operation performed at the age of 4. Expert evidence was obtained from a urologist who examined 'P' and confirmed that the only reason for his infertility was because of the bilateral obstruction of the vas deferens. The limitation date was taken from 'P's' date of knowledge. To achieve their aim of having a family 'P' and his wife would both have to undergo assisted fertility treatment by way of IVF and sperm retrieval. A claim was made for the delay in starting their family and for the pain, suffering and loss of amenity, both physical and psychological, in respect of the treatment the couple now required. A claim was also made for the cost of the fertility treatment. PotterRees obtained a settlement for the couple of £60,000 which they accepted because they wished to settle the claim and start fertility treatment without further delay.
Case Study 3:
'R' attended the Defendant's hospital with pain and swelling underneath his right ear. Following a sialogram, 'R' was informed that the result indicated longstanding chronic infection and was advised to undergo a right parotidectomy. This was a procedure carrying a 5% risk of an injury to a branch of the facial nerve. During the operation, the consultant surgeon found a large, extensive lesion which appeared to be encasing the main trunk of the facial nerve. He removed the tumour, which after biopsy was found to be a benign tumour which arises from the nerve itself. Following the operation, 'R' was unable to close his right eye, there was no movement in his face. He was referred to a specialist where it was found that there was no activity in the facial nerve. A nerve graft was attempted but failed and he now has permanent facial nerve paralysis. PotterRees, instructed a maxillofacial expert who advised that the surgeon should have recognised that there was a significant risk of permanent facial nerve paralysis if the lesion was removed and that the surgeon should only have taken a biopsy, abandoned the operation and discussed his findings with 'R' so an informed decision could be made about removing the benign tumour. Despite agreement between our maxillofacial expert and the Defendant's expert that there was a body of surgeons who would have removed the tumour, PotterRees secured a £42,500 settlement for 'R'.
Case Study 4:
'L' was born on 16th June 1998 by vaginal delivery. It was noticed by the obstetric consultant during pregnancy that the baby was large and the mother had a reduced pelvic area and that shoulder dystocia therefore may arise. Complications developed during the birth where the shoulders failed to deliver whereupon the midwife applied excessive traction, thus damaging the infant's brachial plexus leaving her with Erb's Palsy. 'L' has had to undergo corrective surgery but has been left with a permanent deficit in her upper right limb. Helen Dolan acted for the Claimant and following infant approval in January 2009, the Claimant was awarded £175,000 in damages.
Case Study 5:
'S' had a laparoscopoic removal of her Gall Bladder in October 2003 during which the surgeon negligently severed her biliary tree as a result of which the Claimant had numerous procedures to reconstruct her anatomy, leaving her with significant scarring, pain and reduced mobility. She remains at lifelong risk of developing a number of very serious complications. In October 2008, the Claimant recovered a sum of £430,000.00, in addition, Mr Justice Blake sitting in the High Court has ordered that if any of the serious complications were to materialise in the future, she would be able to return to the Court in order to seek further compensation. Helen Dolan acted on behalf of the Claimant.
Case Study 6:
'M' sustained a head injury and was treated in A&E but sustained a fracture to the humerus whilst being put in the recovery position. This was treated conservatively but the Claimant developed septicaemia which spread from the shoulder to the psoas and then to the spine. The vertebrae at T3 collapsed causing an incomplete lesion below T3 - a very serious spinal injury. There was a 2.5% chance that 'M' would develop syrinomyelia as a result of his injuries. Mr Justice Beatson recognised this risk and allowed 'M' to claim provisional damages. The Defendant admitted liability and an out-of-court settlement was agreed in the sum of £525,000.00 - Helen Dolan acted on behalf of the Claimant.
Case Study 7:
'A' injured her back and experienced acute low back pain. This gradually became more severe and she was admitted to hospital where a scan revealed a large disc prolapse. Unfortunately the hospital allowed her condition to deteriorate and she developed cauda equina syndrome. This left her disabled with severe weakness in her left leg and loss of control of her bowel and bladder functions. She needed to use walking aids indoors and a wheelchair when outdoors. Her disability led to the loss of her job and she suffered depression. PotterRees were able to obtain evidence to show that the hospital was to blame. We persuaded their solicitors to accept liability and although they later tried to backtrack and withdraw their admission, we were able to prevent this. We negotiated a settlement of over £1 million for her and we helped her set up a trust to allow her to keep her entitlement to state benefits, as well as making sure that the injury benefits she received from her employer did not affect her compensation.
Case Study 8:
"B" was a young man who sustained a head injury in an assault. He was immediately admitted to hospital. Unfortunately, he suffered a fit and whilst being put in the recovery position by a nurse, he sustained an injury to his shoulder. The injury was not properly diagnosed or treated. As a result, an infection developed causing an injury to "B's" spine. "B" is now partially paralysed as a result of the spinal injury and he also has limited movement in his shoulder. He will require care for the rest of his life and help with day to day activities. Following our instruction, the PotterRees Clinical Negligence Team was successful in obtaining an admission of liability from the hospital. After protracted negotiations we secured a settlement on behalf of "B" of £500,000.
Case Study 9:
"C" is the widow of a psychiatric patient. Unfortunately, "C's" husband committed suicide four days after he was discharged from a psychiatric unit. The PotterRees Clinical Negligence Team felt the circumstances of his death and discharge could fit the criteria to obtain public, (legal aid) funding for legal representation at the inquest. This funding is a one off award. It is separate to our client’s public funding for the clinical negligence case. We applied for exceptional funding under the Access To Justice Act 1999, first to the Special Cases Unit who then recommend funding to the DCA. The application has been successful on the basis that the evidence presented by the case raises potentially serious questions about the care received by "C's" husband. "C" was delighted that the application for funding by PotterRees was approved. She said that the circumstances of her husband’s death warranted further investigation and she was very pleased that the cost of her legal representation at the inquest was approved.
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