Clinical Negligence
Case Study 1:
PotterRees Serious Injury Solicitors LLP recovered £100,000 in damages on behalf of W, the widow of X, who died at age 45 years as a result of alleged failure to properly treat his heart condition following an initial cardiac arrest in 2005 which left him brain damaged.
X had previously been diagnosed with a heart condition called Hypertrophic Cardiomyopathy (HCM) in 1989 but had been lost to cardiac follow-up. In July 2005, he had an unexplained cardiac arrest which starved him of oxygen to the brain and caused him to become brain damaged. He was an in-patient at the Defendant hospital for a period of 2 months, during which he received treatment in relation to his neurological rehabilitation but no specific action was taken with respect to his heart condition. It was alleged that the appropriate treatement would have been the fitting of an Implantable Cardioverter Defibrillator (ICD) which would have shocked his heart back into normal rhythm, should he be at risk of sudden cardiac death again.
The Defendant argued that, given X's poor neurological state, it was not appropriate for an ICD to be fitted. PotterRees argued on behalf of our client that X was making good progress and he remained at risk of having a further cardiac arrest until an ICD was fitted. Whilst he might not have fully appreciated the need for an ICD nor the implications of the same, there was no medical or ethical reason not to fit one. Therefore, it was argued that failure to fit an ICD before X was discharged from the Defendant hospital was negligent.
X went on to have a further cardiac arrest one year later and, as a result, he sadly passed away.
The Defendant strongly defended the case and, even at its conclusion, made no admission of liability. We listed our client's case for trial in November 2011 and the Defendant, given the litigation risk it faced, took a view and increased its previous offer of £75,000 to £100,000 in order to settle the claim. Our client was keen to draw matters to a close, if possible before trial, and agreed to settment in this sum.
The loss of dependancy claim was interesting because X had been in receipt of a significant annual income via a Permanent Health Insurance Scheme since his cardiac arrest in July 2005 which ceased upon his death. The loss of dependancy claim was based upon the loss of income to his widow, as well as the loss of her late husband's incapacity benefit.
Lesley Herbertson acted on behalf of the Claimant
Case Study 2:
PotterRees Serious Injury Solicitors LLP recovered £15,000 in damages on behalf of "B", a 22 year old woman who suffered the stillbirth of her child which died in-utero. "B" also suffered psychological damage as a result of this still birth.
"B" became pregnant in 2007 with her first baby. The pregnancy progressed uneventfully until March 2008. At the end of March 2008, she began to suffer with a very bad headache. This subsided but returned around 28th March 2008. "B" visited the Defendant GP who failed to examine her or take her blood pressure. On 2nd April 2008, "B" visited her Midwife who took her blood pressure and noted it to be high. The Midwife listened for the fetal heartbeat but could not hear one. She was referred to Salford Royal Hospital where she was advised that her baby had died in-utero. Labour was induced and the baby was delivered.
PotterRees obtained medical evidence from an independent expert in general medical practice and psychiatry which established that the Defendant GP was negligent in failing to properly examine "B" or take her blood pressure on the 28th March 2008 and that "B" has suffered considerable psychiatric trauma as a result of the still birth. In addition, it was alleged that the Defendant GP also failed to ask "B" about the presence of oedema and/or to take a urine sample on the same date.
We were able to prove that had "B's" blood pressure been taken on the 28th March 2008, it would have been abnormally high and therefore a further assessment of "B" would have been undertaken. We argued that had the likely abnormalities been identified, such as reduced amniotic fluid volume or abnormalities in the umbilical arterial blood flow pattern, then her unborn baby would have been delivered without delay, as it would have been considered to be at risk or intrauterine death. When presented with this evidence, the Defendant agreed to settle the claim for £15,000. No breakdown of damages was provided by the Defendant. However, the Claimant's Solicitor considers this award was made in respect of general damages relating to the psychiatric injury.
Lesley Herbertson acted for the Claimant
Case Study 3:
Potter Rees' recent success in the High Court Judgement of A Booker -v- Oldham PCT is available in its full judgement format here.
In this case a 19 year old girl who had been rendered a ventilator tetraplegic as a result of a non-fault road accident when she was 9 years old, received a large sum of compensation which included a yearly amount for her care costs. However, the start date for payment of those costs is not until December 2011, yet Oldham PCT who have provided her care in accordance with NHS principles, decided to withdraw the free support from October this year. The High Court decided that the PCT's decision was unlawful and have ordered the PCT to continue to meet her health needs until her care transfers to a private regime in December 2011.
Case Study 4:
PotterRees Serious Injury Solicitors LLP recovered £110,000.00 damages on behalf of 'A', a 17 year old boy who suffered a loss of sensation to the median nerve distribution in his right arm following reduction and manipulation in the Defendant Hospital.
'A' sustained the injury to his right arm whilst at school. He was taken to the Defendant hospital where he was examined and an obvious deformity to his right elbow was noted. The median, radial and ulna nerves were noted as being intact prior to treatment, which was by way of manipulation and reduction of the elbow deformity. However, following this treatment, 'A' suffered a reduction in the median nerve sensation in his right arm. The Defendant hospital instituted a care regime which saw him undergo some two years of ineffective out-patient and physiotherapy appointments, during which time the loss of sensation in the median nerve distribution to his right arm continued. 'A' continues to suffer from an inability to grip or form a fist and he has difficulty writing.
PotterRees Serious Injury Solicitors LLP obtained medical evidence from an independent expert Paediatric Orthopaedic Surgeon which established that the Defendant hospital was negligent in failing to take note of the sensory disturbance in the median nerve distribution evident after the treatment to 'A's right elbow. In addition, it was established that the Defendant failed to consider that the median nerve entrapment/reduced sensation was as a consequence of the reduction procedure, failed to take any or any appropriate or timely steps to explore the median nerve disturbance and instead instituted inappropriate, conservative treatment for two years.
We were able to prove by way of independent expert evidence from a Consultant in Hand and Upper Limb Surgery that the injury sustained was permanent and would significantly affect 'A' throughout his adult years. When presented with this evidence, the Defendant agreed to settle the claim for £110,000.00 but continued to dispute that earlier intervention would have provided a significantly better outcome for the Claimant.
The settlement of £110,000.00 was approved by the Court in an Infant Approval Hearing. The settlement provided compensation for the permanent sensory disturbance in his right arm and the effect 'A's injury was likely to have on his future career and earnings.
Helen Dolan acted for the Claimant.
Case Study 5:
PotterRees Serious Injury Solicitors recovered £1.1 million damages on behalf of 'F', a nine year old child who suffered profound hearing loss as a result of negligent treatment which he received from a locum GP when he was just 7 months old.
'F's' mother took him to see the Defendant, a locum GP at the family's medical practice because he had a high temperature and was having difficulty breathing. The Defendant referred 'F' to Hospital where he was diagnosed as having a viral infection and was discharged later that day.
On the following day, 'F's' mother noted that he was very sleepy and had also developed spots on his leg. 'F's' mother took him back to see the Defendant. By this time, he also had lesions on his arms, legs and his nose. The Defendant simply assured her and prescribed rehydration sachets.
By the following day, 'F' had developed blood blisters on his arms, legs and buttocks. His mother took him to a different medical centre where he was referred urgently to hospital. 'F' was promptly diagnosed as having Meningococcal Meningitis. He was treated with intravenous antibiotic treatment. Regrettably 'F' was later diagnosed as having profound sensorineural hearing loss in his left ear and very limited hearing in his right ear. He was fitted with a cochlear implant in his left ear and now wears a hearing aid in his right ear. At the age of 6, 'F' underwent Neuropsychological examination which suggested that although he was bright intellectually, he suffers with some cognitive impairment including limited attention span and delayed speech and language which it was hoped would improve with intensive speech and language therapy.
PotterRees obtained medical evidence from an expert GP which established that the Defendant was negligent in failing to carry out a full examination of 'F's' nose, throat and chest when he attended upon him, and that the Defendant also failed to heed the appearance of lesions and refer him urgently to hospital with a suspected diagnosis of Meningitis. PotterRees was also able to prove by way of expert evidence from a Microbiologist that but for the negligence of the Defendant, 'F' would have been referred to hospital some 28 hours earlier and would have received intravenous antibiotics which would have resulted in him having normal hearing.
When presented with this evidence from PotterRees, the Defendant admitted being negligent but disputed that earlier diagnosis and administration of antibiotics would have altered the long-term outcome for 'F'.
PotterRees subsequently commenced legal proceedings against the Defendant who sought to defend the case for a prolonged period before agreeing to pay 'F' £1.1 million in damages as part of an out of Court settlement. The settlement provided compensation to 'F' for his hearing loss, the extra care he needed from his family, his likely loss of earnings and for much needed speech and language therapy.
Case Study 6:
'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 7:
'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 8:
'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 9:
'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 10:
'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 11:
'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 12:
'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 13:
"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 14:
"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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