Archive for July 2015

Man Settles Compensation Claim for the Failure to Treat an Infection

A man who suffered multiple organ failure after the hospital he was admitted to did not have a consultant available for three days, has settled his compensation claim for the failure to treat an infection for £3 million.

Tristan Rosevear (49) was admitted to the St Mary´s Hospital in Paddington London on Friday 19th November 2010 with an infection in his hip. Despite having low blood pressure and a racing heartbeat, no antibiotics were administered, and Tristan´s requests for a scan were dismissed because there was no consultant available over the weekend to authorise it.

As a rash developed over his body, it was suggested that Tristan take an anti-allergy medication, and all the signs that the infection was developing into sepsis were overlooked. At 4.00pm on the following Monday, Tristan went into septic shock, suffered a stroke and sustained severe brain damage. He had to undergo brain surgery and spent nine weeks in intensive care.

As a result of the hospital´s negligence, the former communications company director is unable to read, write or speak coherently. Tristan´s wife – Janine – has had to give up her career in the film industry to become his full-time carer, and the couple have had to return to their home in New Zealand to continue Tristan´s rehabilitation.

Tristan made a compensation claim for the failure to treat an infection – claiming that he would not have suffered such devastating injuries if he had been administered antibiotics when he was first admitted to the hospital. The Imperial College Healthcare NHS Trust – which runs St Mary´s Hospital – initially denied liability for his injuries.

However, just days before a High Court hearing was due to get underway, the NHS Trust decided that it was liable after all and issued Tristan with an apology. Tristan´s solicitor negotiated a settlement of the compensation claim for the failure to treat an infection which consists of a lump sum payment of £1.5 million, plus annual compensation payments for the next twenty years. The total value of the settlement is estimated at £3 million.

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Woman Awarded €140,000 Compensation for a Swab Left Inside

A woman from Dublin has been awarded €140,000 compensation for a swab left inside her after giving birth and the subsequent lack of care she received.

On 24th December 2012, Clare Lalor (30) from Swords in County Dublin gave birth to a healthy child after a difficult labour. Clare was discharged from the National Maternity Hospital in Dublin on 27th December, but returned twice on 2nd January and 9th January due to a pain in her lower abdomen and a terrible smell around her lower body.

On neither of her return visits was Clare examined internally and, on her second return visit, doctors prescribed her antibiotics. It was only on a third visit the following week – by which time the smell had become unbearable – that Clare was examined internally and when it was discovered that a vaginal swab had been left inside during the delivery process.

The swab was removed, but two days later Clare attended the National Maternity Hospital once again suffering from sweating, diarrhoea, chills and a fever. She was temporarily admitted to the hospital for treatment, but then discharged later that day when her symptoms were attributed to post-natal depression.

After she returned home, Clare´s condition deteriorated and her partner took her to the Beaumont Hospital. At the Beaumont Hospital, Clare´s condition was diagnosed as C.difficile – a digestive bacterial infection that had developed due to Clare being unnecessarily prescribed antibiotics at the National Maternity Hospital.

When she was feeling better, Clare sought legal advice and claimed compensation for a swab left inside her – the negligent event that had triggered her illness. The National Maternity Hospital conceded the error, and that the negligent event had resulted in significant discomfort and the C.difficle infection Clare had contracted as a result of the unnecessarily prescribed antibiotics.

However, the National Maternity Hospital contested the extent of psychological injury the was included in Clare´s claim, and argued that her emotional trauma was attributable to post-natal depression rather than any adjustment disorder caused by the swab being left inside her. As no acceptable settlement of compensation for a swab left inside could be negotiated, the case proceeded to the High Court in Dublin for an assessment of damages.

At the High Court, Mr Justice Kevin Cross accepted the hospital´s testimony that a difficult labour preceding the birth of Claire´s child made it more likely that she would suffer from post-natal depression, and that the symptoms of her alleged psychological injury had some origin in her underlying disposition.

However, the Judge Cross ruled that, were it not for the admitted negligence of the National Maternity Hospital, Claire would have recovered from post-natal depression quicker than she had done and would not have the level of psychological injury that she was currently suffering from. Judge Cross found in Clare´s favour and awarded her €140,000 compensation for a swab left inside.

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Judge Approves Settlement of Compensation for Cerebral Palsy due to a Delayed Delivery

A High Court judge has approved a £7.1 million settlement of compensation for cerebral palsy due to a delayed delivery in favour of a twelve year old boy.

The boy, who was only identified as “ABC” at the High Court hearing, was born at the Kettering General Hospital in 2003 after his delivery was avoidably delayed after foetal distress has been identified. As a result of the avoidable delay, the boy was starved of oxygen in the womb and he now suffers with acute cerebral palsy.

The boy has restricted mobility, needs feeding by tube and – due to lifelong learning disabilities – will never be able to work or lead an independent life. On their son´s behalf, the boy´s parents claimed compensation for cerebral palsy due to a delayed delivery against the Kettering General Hospital NHS Foundation Trust.

Partial liability for the boy´s injuries was conceded by the NHS Trust, and solicitors representing the two parties negotiated a settlement of compensation for cerebral palsy due to a delayed delivery which consists of a lump sum payment and annual index-linked, tax-free payments. In today´s value, the settlement of the claim is worth £7,129,812.

As the claim for compensation for cerebral palsy due to a delayed delivery was made on behalf of a legal minor, the settlement had to be approved by a judge to ensure that it was in the boy´s best interests. Due to the potential value of the settlement, the approval hearing was held at the High Court in London before Mrs Justice Davis.

At the hearing, Mrs Justice Davis was told that the settlement of compensation for cerebral palsy due to a delayed delivery had been calculated on the NHS Trust accepting 90% liability for the boy´s injuries. The court also heard an apology read to the family by the barrister representing Kettering General Hospital NHS Foundation Trust.

Mrs Justice Davis then address the boy´s parents and said that she wanted to express her admiration for the strength they have shown in dealing with their son´s disabilities. She added that she was lost in admiration for the work they had done. The judge then added that she had “no hesitation” in approving the settlement of compensation for cerebral palsy due to a delayed delivery.

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Man Settles Medical Negligence Claim for Wrong Site Back Surgery

A former police officer has settled his claim for wrong site back surgery after the Salford Royal Hospitals NHS Trust admitted that a mistake had been made.

In 2011, Michael Dunn (51) from Droylsden in Greater Manchester was advised to undergo back surgery to repair two discs that were causing him to experience pain from his neck, along his right arm and down into his right hand.

The traffic support officer for the Greater Manchester Police attended the Salford Royal Hospital and underwent the surgery but, soon after waking up from the operation, he became aware that he had lost all feeling in his right arm.

Despite raising his concerns with a consultant, Michael was discharged from hospital after being told that the lack of feeling was a temporary reaction to the surgery. However, Michael never regained the full use of his arm and decided to take legal advice.

Michael´s solicitor instigated an investigation at the hospital, due to which it was discovered that surgeons had operated on the wrong discs in Michael´s spine and also damaged a nerve root. Consequently, Michael will never regain the full use of his arm.

Unable to return to work, Michael made a medical negligence claim for wrong site back surgery against the Salford Royal Hospital´s NHS Trust. Liability was admitted and a settlement of his claim was negotiated amounting to £259,000.

Speaking after the settlement of his medical negligence claim for wrong site back surgery was announced, Michael said: “I wish I had never had the surgery. I was led to believe it was a straightforward operation, so I wasn´t expecting any complications.”

Dr Peter Turkington – the Medical Director at the Salford Royal Hospital – commented: “Once again, we would like to offer our sincere apologies to Mr Dunn for the standard he received at Salford Royal. When an incident occurs, it is always Salford Royal´s practise to apologise, thoroughly investigate it and ensure that we openly share the findings of this investigation with the patient concerned.”

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