Case Studies Clinical Negligence
Our client was 32 years of age when he pursued a claim for damages for the cerebral palsy he had suffered at birth due to a failure to deliver him much earlier. The Court allowed him to proceed outside of the normal time limits for a Claimant who still retained capacity and his claim was eventually settled just before trial for £3 million. Previously instructed solicitors had abandoned the claim, but Heather Jobling took up the challenge with a very successful outcome for the client.
Our client sustained spinal fractures in a road accident when he was knocked off his bike. Unfortunately the fractures were not detected by the A&E Department and the failure to treat the fractures resulted in a far worse outcome than should have been the case. The car driver and the hospital shared responsibility for the injuries and our client received £1.1 million.
The claimant was admitted to hospital following a fall. His leg had become cold and painful. Although the claimant was admitted onto the ward and listed for a scan, the hospital doctors missed the fact that the limb, due to the reduced blood supply, became critically ischaemic. Once the correct diagnosis was eventually made it was too late to save the leg and the client went on to have an above-the-knee amputation.
The claimant had diabetes. As a complication of the diabetes he suffered an ulcer to his foot. The ulcer failed to heal. There was the delay in providing appropriate treatment which led to an amputation of part of the foot and in addition the claimant suffered significant debilitating damage to his inner ear as a result of antibiotic treatment which meant he had poor balance. He was unable to return to work. His claim settled for £400,000.
Our client went to the doctors having discovered a mole on her cheek. She was referred to a dermatologist at hospital. The hospital removed the mole and subsequently advised that the mole was benign and nothing to worry about. This was a mistake made in the histopathology lab and a form of skin cancer had been missed. Several years later the correct diagnosis was made. The claimant had to undergo extensive treatment including surgery which would have been avoided had the correct diagnosis been made when it should have been. The claim settled for £50,000.
Our Client was given the wrong medication by her pharmacist and as a result was hospitalised for several days with ill effects lasting for 2 weeks. Her symptoms were frightening in the acute period and in recognition of that she accepted a settlement of £3,500.
Our client suffered catastrophic injuries following an anaesthetic complication after surgery. She now requires 24 hour care, aids and equipment and specially adapted accommodation. Her settlement based on a 75/25 liability resulted in a lump sum of £1.3 million plus periodical payments for care and therapies for the rest of her life of £250,000 per annum
Our 70 year old client suffered damage during surgery to her oesophagus which went undetected. She required further major surgery and was left with significant restrictions in what she could eat and drink and suffered with frequent nausea. She recovered £390,000 in compensation.
Our client needed surgery to correct a flat foot. A single joint fusion was performed. The orthopaedic surgeon failed to consider the impact of the surgery on other parts of our client’s foot and should have carried out a triple joint fusion. As a result our client had multiple further surgeries resulting in nerve injury and development of pain syndrome. The case settled for £400,000.
Our client needed shoulder replacement surgery. As a result of negligence by the orthopaedic surgeon the glenosphere (part of the prosthetic joint) was wrongly positioned leaving our client with continuous pain, a reduced range of movement and weakness. Our client needed 2 further operations to correct the position and needed help and assistance. The claim settled for £35,000.
Our client needed surgery to correct ankle pain and disability. A subtalar joint fusion was performed with a bone graft from the hip. Although the operation was technically successful, it had not been appropriately planned. The orthopaedic surgeon failed to take into account the fact that the foot had pre-existing deformities and the effect of the fusion was to twist the foot into an incorrect position. Our client had a second operation carried out by the Defendant but this was also poorly planned and did not correct the problem. Our client eventually required a third operation carried out at a different hospital to correct the problem but was left with CRPS, a debilitating pain syndrome and was unable to return to work. The claim settled for £800,000.
Our client suffered a fracture dislocation to his neck as a result of a fall down a flight of stairs. There was a negligent failure to perform an X-Ray of his neck and spine at A & E. He had pain and neurological problems with his hand and arm. An X-Ray performed 10 days after the initial attendance at A & E revealed the fracture and he required surgery that would have been avoided if an X-Ray had been taken at the time of his initial attendance at A & E. The claim settled for £12,500.
Our client developed streptococcal septicaemia. He had a bruising rash that developed during a severe flu type illness. He sought medical advice but as a result of GP negligence there was a delay of 24 hours in referring him to hospital and starting investigations and treatment. He required admission to the ICU. As a result of the delay in diagnosis and starting treatment our client’s illness became more severe and he required longer in the ICU than he would otherwise have done. The delay led to a longer period of recovery and a longer period when he was unable to work. The case settled for £14,000.