UK Injury Compensation News

The widower of a woman who died following a “routine” hospital procedure has been awarded £150,000 compensation for fatal hernia operation in an out-of-court settlement.

Helen Blyth (79) underwent the hernia procedure at Northampton General Hospital in March 2010 after being diagnosed with a large hiatus hernia behind her heart border. Soon after 8.00pm on the evening of her surgery, Helen´s blood pressure fell and, at 1.00am the following morning, she was found unresponsive. Despite the best efforts of the emergency team, Helen died at 1.55am.

An inquest into Helen´s death attributed the decrease in blood pressure and subsequent cardiac arrest to a rare complication following surgery; however Helen´s husband – Sydney Blyth – asked solicitors to look more closely into the circumstances surrounding her death.

The solicitor´s medical expert discovered that the surgeon in charge of Helen´s hernia operation – Mr David Cubbon Hunter – had used Pro Tack staples during the procedure despite the manufacturer´s warning that the staples should not be used in circumstances such as Helen´s where the hiatus hernia was located in the diaphragm.

Helen´s family made a claim for fatal hernia operation compensation against Mr Hunter and the Northampton General Hospital NHS Trust, alleging that Mr Hunter both knew about the warning given by the manufacturers of Pro Tack staples and chose to ignore it or was not aware of the risks involved – in either case demonstrating medical negligence.

After an internal investigation, the Northampton General Hospital NHS Trust admitted liability for the error which cost Helen Blyth her life and apologised. A settlement of compensation for fatal hernia operation amounting to £150,000 was negotiated between Sydney´s solicitors and insurers for the hospital.

The Chief Executive of the Medical Defence Union has raised fears that settlements of NHS negligence claims are spiralling out of control and becoming unsustainable.

Speaking on the BBC´s “Today” program, Christine Tomkins said that the value of claims against the NHS being currently settled is rising faster than society´s ability to pay for them. “Money is pouring out of the NHS to set up one-patient institutions” she claimed “when it could be retained in the NHS.”

Ms Tomkins stated that legislation first formulated in 1948 – the Law Reform (Personal Injuries) Act – disregards care provision available from the NHS for those who sustain a catastrophic injury and settlements of claims against the NHS are therefore calculated of how much it would cost to provide care for the injured victim privately.

On the program, she cited the case of Charlie Scott, who was diagnosed with spastic quadriplegic hemiplegic atheloid cerebral palsy after being brain damaged at birth, and whose mother recently won a 14-year legal battle against the Royal Bournemouth and Christchurch Hospitals NHS Trust.

The settlement of £7.1 million, Ms Tomkins claimed, would be far lower if those calculating the value of compensation in NHS negligence claims could consider the care available on the NHS. According to Ms Tomkins, the NHS Litigation Authority has periodic payment liabilities of £18bn – enough to pay the annual running costs of a dozen large teaching hospitals.

Charlie Scott´s mother, Clare, was also invited onto the radio program. She acknowledged that some of the care and equipment from which Charlie will now benefit could be provided by the NHS, but told presenter Justin Webb that Charlie will no longer have to wait for social services assessments before being provided with the care he needs. Mrs Scott added that the size and structure of the settlement enables the security of 24-hour care for her son when she, or the NHS, would be unable to provide it.

A Leicester hospital has admitted that the misdiagnosis of Cauda Equina Syndrome by a junior doctor resulted in a patient suffering a life-long disability which could have been avoided.

The patient, 45 year old Michelle Chapman from Melton in Leicestershire, visited her GP in May 2007 complaining of numbness and incontinence, and was alerted to the possibility that she was suffering from Cauda Equina Syndrome – a condition caused by the nerves being trapped between collapsed vertebrae. Michelle´s GP advised her to look out for symptoms of the condition deteriorating and to summon an ambulance if necessary.

Some days later, Michelle attended the Leicester Royal Infirmary where she was told by a junior doctor that there were no signs of the condition and was sent home. It was only when Michelle´s doctor telephoned her to follow-up the initial appointment that he heard of the deterioration in her condition and immediately booked an MRI scan at the hospital. The scan revealed that significant nerve damage had already occurred and that Michelle required an operation to prevent further injury.

Michelle underwent surgery to remove part of the discs which were pressing on her nerve, but the operation was too late to prevent Michelle suffering permanent nerve damage which has left her with numbness in her legs, incontinence and requiring the lifelong use of crutches to assist her with walking.

After seeking legal advice, Michelle made a compensation claim for the misdiagnosis of Cauda Equina Syndrome against the University of Leicester NHS Trust – the authority responsible for treatment at the Leicester Royal Infirmary – and an undisclosed out-of-court settlement was agreed between Michelle´s legal advisors and the Trust which will see Michelle able to move into a specially adapted home and receive specialist medical care to help her adjust to living with Cauda Equina Syndrome.

Compensation claims for Legionnaires Disease are likely to follow the outbreak of the infection in the south-west of Edinburgh once it is established who is at fault for the conditions which have enabled the Legionella Pneumophila bacteria to flourish.

The spread of the potentially fatal infection – which has already been responsible for the death of one man and is suspected to have affected 61 other residents of Edinburgh – has been blamed on the cooling towers in the districts of Dalry, Gorgie and Saughton.

Although 16 cooling towers in the area have been identified as possible sources of the infection, as the Legionella Pneumophila bacteria which cause Legionnaires Disease travel in tiny condensation droplets from these towers, it is not even certain that any of these locations is the culprit for the development of the infection.

Medical experts in Edinburgh are optimistic that the number of people affected by the outbreak of Legionnaires Disease will peak this weekend following chemical treatments being carried out at the suspected locations but, with an incubation period of up to fourteen days, victims may still be coming forward – if the source has been successfully treated – for several weeks yet.

Experts have also made Legionnaires Disease claims that the cause of the outbreak is money-saving tactics employed by the companies who own the cooling towers. One expert was quoted as saying “Plumbing systems used to run at 60c, which was enough to kill it off. But now some hotels, hospitals and public buildings are cutting that back to 50c, which isn’t.”

The infection – which is contracted when tiny water droplets carrying the Legionella bacteria enters the lungs – displays initial symptoms similar to the flu virus. Tiredness, fever, headache and a dry cough develop into pneumonia or a lung infection from which one-in-ten people die. Unfortunately many hospitals are not equipped to test for and identify Legionnaires Disease at an early enough stage.

In the Republic of Ireland, doctors are required by law to test all patients displaying symptoms of pneumonia for Legionnaires Disease but, according to microbiologist Dr. Tom Makin, most doctors in the UK prescribe standard antibiotics in the first instance, and only consider testing for Legionnaires Disease as an alternative when the patient fails to respond to treatment.

Indeed, NHS Lothian has been criticised for failing to advise GPs about the confirmed cases of Legionnaires Disease until the beginning of this (bank holiday) week, despite the first case being diagnosed on May 25th and the outbreak being confirmed as a “cluster” on June 2. NHS24, the online service which provides self-help care advice for Scotland was also not informed of the outbreak until the beginning of the week.

35,000 Legionnaires Disease information leaflets have been distributed to Edinburgh residents located close to the suspected sources of the outbreak, and Dr Duncan McCormick, Chairman of the incident management team at NHS Lothian, admitted that there may be further fatalities. “We’re doing everything we can in terms of early diagnosis, appropriate treatment and intensive care, but I think we can’t rule out any further deaths at this stage.”

People diagnosed with the disease will be entitled to claim compensation for Legionnaires Disease once the source of the infection is established. Samples have been taken from each of the towers suspected of hosting the Legionella Pneumophila bacteria and the results of tests on these samples are expected within ten days.

Those misdiagnosed with pneumonia who are later correctly diagnosed with Legionnaires Disease may also be able to claim Legionnaires Disease compensation against their medical practitioner or NHS Lothian depending on the circumstances of their case. For current and individual legal advice, victims of the disease are advised to speak with a Legionnaires Disease solicitor at the earliest possible opportunity.

The family of a six-year-old girl, who were told their daughter was well enough to return home when suffering from pneumococcal meningitis, are to receive an anticipated seven figure payout in compensation for misdiagnosis of meningitis.

Kate Pierce from Wrexham, North Wales, was just nine months old when she developed the infection and was taken to Wrexham´s Maelor Hospital. A junior doctor diagnosed Kate with viral tonsillitis and told her parents it was safe to take her home. When asked if they could have a second opinion, Kate´s parents were told that the advice of a senior doctor had been sought when it in fact had not.

Kate´s parents took the little girl home but, when her condition deteriorated further, returned to the hospital the following day. On their return Kate was correctly diagnosed with pneumococcal meningitis and transferred to Liverpool´s Alder Hey Children´s Hospital. However, Kate had already sustained severe brain damage and now suffers from chronic lung disease, severe epilepsy and is registered both blind and deaf.

The family took legal advice about claiming compensation for misdiagnosis of meningitis and sued the Betsi Cadwalader University Health Board for medical negligence – claiming that the severity of Kate´s condition could have been avoided if she had been diagnosed correctly. After an investigation into the allegations, Betsi Cadwalader University Health Board admitted 75 per cent liability for Kate´s injuries and, at Mold County Court, a judge heard that a compromise situation had been reached.

How much compensation for misdiagnosis of meningitis Kate´s family will receive will be decided at a hearing later this year.

A woman who had her stomach erroneously removed after being misdiagnosed with cancer has won her hospital negligence claim and received an undisclosed settlement from Mid Staffordshire General Hospitals NHS Trust.

The 74-year-old woman from Rugeley, Staffordshire, underwent the surgery in 2004 after doctors told her that a tumour in her stomach was malignant. She later discovered from support medical staff that her test results had been misinterpreted and that the tumour was benign.

As a result of her operation and long recovery period the woman, who wishes to remain anonymous, has lost a significant amount of weight and suffers from painful digestive problems. She has been unable to continue the voluntary work she did before the operation and now requires regular care and assistance.

The undisclosed out-of-court hospital negligence claim settlement has been calculated to include the psychological trauma of being told that she had a life-threatening tumour inside of her and the deterioration in her quality of life due to the unnecessary surgery. It will enable the woman to receive a higher level of care in the future and support to help her recover from her emotional ordeal.

A man, who was woken during surgery to tell him that his heart operation had gone wrong, has received a six-figure sum in compensation after making a medical negligence claim.

Steve Edwards (51) from Weston-Super-Mare, North Somerset, was having a minor heart procedure at the Bristol Royal Infirmary in 2008 when the error occurred. During the surgery, an item of equipment slipped, causing a radio pulse to be applied to the wrong side of his heart.

The error meant that Mr Edwards would require a pacemaker to be fitted, and the heavily anaesthetised was brought around to advise him of the treatment he required. Mr Edwards claimed in his action against the Bristol Royal Infirmary that he did not appreciate the severity of the issue at the time, and it was only in an outpatient´s appointment ten weeks later that the full extent of the error became known.

Despite three subsequent attempts at corrective surgery, Mr Edwards will now have to wear the pacemaker for the rest of his life – meaning that he will have to undergo surgery once every seven years to replace the battery. The Bristol Royal Infirmary admitted negligence and agreed a six-figure sum in compensation with Mr Edwards´ legal representatives in an out-of-court settlement.

In a statement, the Bristol Royal Infirmary stated “Technical errors during Mr Edwards’ cardiac ablation procedure resulted in the catheter moving and radio frequency energy being delivered to the wrong side of his heart. Further checks have been introduced to ensure that the catheter is perfectly placed before radio frequency energy is delivered.”

A teenage girl, who was left paralysed by a spinal surgeon´s negligence, has had a multi-million pounds doctor injury compensation settlement approved by the High Court in London.

Laura May (17) of Chorley, Lancashire, was admitted to the Royal Preston Hospital in March 2005 for an operation to correct a curvature of her spine. However, her orthopaedic surgeon – Dr Roger Battersby Smith – failed to use an imaging technique before operating, and negligently misplaced a screw during the operation.

As a result of Dr Smith´s negligence, Laura lost the use of her limbs and is paralysed from the chest down.

After seeking legal advice, Laura´s parents – Bill and Christine May – sued Dr Smith and the Lancashire Teaching Hospitals NHS Foundation Trust for doctor injury compensation and, in 2009, the Royal Court of Justice ruled in favour of Laura and her family.

The High Court in London has now approved a negotiated settlement which will comprise of a lump sum payment now and periodic payments throughout Laura´s life. The total compensation package – which is believed to be around 3 million pounds – will provide medical care, specialised accommodation and equipment for Laura, as well as compensating her for future loss of earnings.

Representatives of the “Sound Off For Justice” campaign have claimed that proposed cuts in the amount of financial assistance given to claimants in UK civil cases could have devastating consequences for the victims of medical malpractice.

Legal Aid has been available for citizens of the UK ever since the end of the Second World War, but the cost of providing this facility has now spiralled out of control according to the Secretary of State for Justice, Ken Clarke. The current level of Legal Aid in the UK costs the taxpayer more than 2 billion pounds each year, and Mr Clarke would like to see this figure reduced by 350 million pounds before 2015.

This would still mean that Britain spends more money on Legal Aid than any other country in the world however justice campaigners have highlighted the case of Andrew Green from Grimsby as the type of legal claim which would no longer receive financial assistance.

Andrew was born in 1997 with cerebral palsy due to medical staff’s delays in dealing with complications during his delivery. Because his family qualified for Legal Aid, they were able to pay for an in-depth investigation into the circumstances of his birth and eventually secure compensation which will cover the cost of Andrew´s care for the rest of his life.

Campaigners claim that cuts to the programme could leave many families financially unable to claim compensation where medical negligence has occurred. Lawyers supporting the “Sound Off For Justice” campaign also claim that victims in cases involving divorce, employment law and other forms of professional malpractice will also suffer.

Officials from the Ministry of Justice say that no final decision has been made on the future of the Legal Aid programme following a public consultation period which attracted more than 5,000 responses.

A ten-year-old Wolverhampton boy, who was brain damaged at birth due to alleged hospital malpractice, has won his battle for compensation.

Joseph O’Reggio from Wolverhampton, West Midlands, was born in April 2001 at the New Cross Hospital in Wolverhampton. Prior to his delivery, Mr Justice Tugendhat heard at London´s High Court, Joe was starved of oxygen and suffered brain damage as a result.

The consequences of his birth injury left Joe with cerebral palsy, wheelchair bound and suffering from severe learning difficulties. The Court also heard how Joe is unable to speak or feed himself.

It was claimed in an action against the Royal Wolverhampton NHS Trust that medical staff should have realised at an earlier stage that Joe was in distress and brought forward his delivery.

Although the NHS Trust denied that Joe´s injuries were caused by medical negligence, they agreed on the day before the trial was due to commence to admit 80 per cent liability for the claim, which will now go for assessment of damages.

Mr Justice Tugendhat approved the agreement, expressing his sympathy and best wishes to Joe´s parents.

The family of a Northumberland woman, who died after being misdiagnosed by an ambulance paramedic, has been awarded 40,000 pounds in medical negligence compensation.

Denise Hopper (40) from Alnmouth, Northumberland, was taken to hospital after being involved in a car crash in December 2007, in which she broke several vertebrae and suffered fractured ribs. The paramedic who treated her at the scene also diagnosed that she was suffering from dehydration, when in fact she had deep vein thrombosis. Denise consequently received the wrong treatment on her arrival at the hospital, and two weeks later suffered a heart attack and died.

Following an enquiry into her death, Denise’s two children sought legal advice and filed an action against the North East Ambulance Service for failing to demonstrate adequate clinical skills. The North East Ambulance Service admitted there had been a failure to make an accurate diagnosis, but did not admit liability for Denise’s death. Nonetheless, a compensation payment of 40,000 pounds for Denise’s children was agreed between legal representatives of the two sides.

The family of a woman who died after sustaining horrific bed sores in Sheffield nursing home are to receive an undisclosed amount of compensation from the home for clinical neglect.

Doreen Betts (78) from Sheffield, South Yorkshire, died in May 2009 due to blood poisoning, after sores on her feet were left untreated for three months. The pathologist, who carried out the post-mortem on Mrs Betts, claimed at the inquest into her death that the sores were the worst grade they could have been, and penetrated so deeply that they reached the bone.

The family of Mrs Betts had claimed in their actions against Kersal Mount Nursing Home (now known as The Laurels and The Limes) that staff had been advised by Mrs Betts’ GP to seek expert advice on the sores, but none was ever arranged. It was only when Mrs Betts’ daughter had visited her mother that an ambulance was called and Mrs Betts taken to hospital.

Even though the condition of the sores improved under hospital care, Mrs Betts was also suffering from extreme dehydration and renal failure. The cause of death was determined as sepsis – an infection of the blood caused by pressure sores – and it was the opinion of the pathologist at the inquest that Mrs Betts would still be alive today had staff acted on the advice of her GP.

An undisclosed out-of-court compensation settlement was agreed between legal representatives of Mrs Betts’ family and the nursing home.