Archive for December 2011

Cancer Misdiagnosis Victim Wins Hospital Negligence Claim

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.

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Clinical Negligence Hearing: Man Awarded 17,300 Pounds

A man has been awarded a total of 17,300 Pounds in clinical negligence compensation after the unauthorised access of his medical records resulted in the worsening of his paranoid personality disorder.

Judge Cotter QC, at the Plymouth County Court, heard how the medical historys of Sean Robert Grinyer of Plymouth, Devon, had been access and disclosed by Mr Grinyer´s ex-partner who was, at the time of the offence in December 2007, employed at the hospital as a nurse.

This unauthorised access and disclosure was believed by Mr Grinyer´s legal counsel to be in breach of S.13 of the Data Protection Act 1988 and the action by the claimant´s partner, plus an alleged mis-handling of his following complaint, had caused Mr Grinyer´s pre-existing paranoid personality disorder to worsen. It was also alleged in the legal action against Plymouth Hospital NHS Trust that the deterioration in his condition had also caused Mr Grinyer to reject an offer of temporary employment.

After hearing expert medical testimony in respect of Mr Grinyer´s paranoid personality disorder, Judge Cotter QC ruled that the exacerbation of his condition did  constitute an injury and was due to negligence on behalf of the Plymouth Hospital NHS Trust. The judge awarded Mr Grinyer 12,500 Pounds in clinical negligence malpractice compensation for the injuries he had sustained plus an additional 4,800 Pounds for loss of earnings when unable to accept the offer of employment.

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