Archive for January 2016

Woman Alleges Failure to Investigate the Symptoms of Cervical Cancer

A woman has instructed solicitors to investigate whether she is entitled to compensation for the failure to investigate the symptoms of cervical cancer.

Tayne Eaton (25) from Ipswich first started displaying the symptoms of cervical cancer in the summer of 2013. She visited her GP on several occasions complaining of bleeding and pain but, at the time, Tayne was too young to automatically qualify for the NHS´s screening test.

Tayne´s symptoms worsened following the birth of her son in September 2014, but she was not sent for a smear test until March 2015 – when a tumour of almost 9cm was discovered. Tayne underwent chemotherapy treatment and has had several other operations – including a hysterectomy – to stop the cancer from spreading.

Now Tayne has instructed solicitors to investigate whether she is entitled to compensation for the failure to investigate the symptoms of cervical cancer. She believes that the condition was not considered by her GP because of her age; and, had she been sent for a smear test earlier, she would not have required such invasive treatment and would be able to have more children in the future.

Tayne claims that had there not been a failure to investigate the symptoms of cervical cancer by her GP, the diagnosis would have been made earlier, and her prognosis would have substantially improved. She said: “I knew something was seriously wrong but I just seemed to go from test to test without anyone really knowing what was happening.”

Speaking about the alleged failure to investigate the symptoms of cervical cancer, Tayne´s solicitor added: “Cervical cancer is a treatable disease with a good long term prognosis when it is diagnosed early, but delays can have terrible consequences. Any symptoms should not be dismissed; it is vital that women know what to look out for and take medical advice but, equally, that doctors pay attention to their concerns”.

Read More

Patient Awarded Compensation for the Failure to Assess a Head Wound

The Betsi Cadwaladr University Health Board in North Wales has been told to pay an Anglesey woman £1,000 compensation for the failure to assess a head wound.

On May 26th 2013, the woman identified only as “Mrs A” fell down a flight of steps at her Anglesey home. She was taken to the Ysbyty Gwynedd Hospital by ambulance with a head wound and possible injury to her neck.

Medical staff at the hospital´s accident and emergency department noted a small laceration to the back of her head, but they focused their attention on her possible neck injury. When no serious injury was identified, the woman was given a neck collar and discharged.

On June 1st, the woman attended the Ysbyty Penrhos Stanley Hospital in Holyhead as she was concerned that the head wound had opened. An out-of-hours GP dressed the wound, but noted that it was possibly infected and “Mrs A” remained under the care of a district nurse for another month.

Her husband wrote a letter to the Betsi Cadwaladr University Health Board, complaining about the failure to assess his wife´s head wound. Unfortunately, the Health Board did not reply to the complaint until the following January – the reply claiming that the standard of care received by “Mrs A” was appropriate.

Dissatisfied by the response, Mrs A´s husband then complained to the Public Services Ombudsman for Wales. The Ombudsman conducted an investigation and found that, although there was no evidence the wound had become infected, there were shortcomings in the recommended procedure for managing acute trauma cases.

The Ombudsman was also critical of the Health Board´s response time, which was described as “frankly woeful”. The Ombudsman recommended the Health Board pay Mrs A £1,000 compensation for the failure to assess a head wound – £200 for the undue delay in its initial response, £300 for the subsequent delay and £500 for the extra pain and discomfort she suffered.

Commenting on the award of compensation for the failure to assess a head wound, a spokesperson for the Health Board said: “We use the Ombudsman’s reports to learn from and improve our services and any recommendations will be actioned appropriately.”

Read More

Woman Settles Claim for Post-Hysterectomy Medical Negligence

A woman from Nottinghamshire has received an undisclosed settlement of compensation after having made a claim for post-hysterectomy medical negligence.

On 13th August 2012, Tina Grace (44) from Kirkby in Nottinghamshire attended the Kings Mill Hospital to undergo a hysterectomy. The procedure appeared to be successful and Tina was discharged five days later despite concerns by her parents that she was not well enough to care for her two children who were aged 13 and 2 at the time.

Three weeks after the operation, Tina started to feel breathless and experienced a burning sensation in her leg. Tina´s parents called an ambulance and Tina was readmitted to the Kings Mill Hospital, where she was diagnosed with deep vein thrombosis. Unfortunately the blood clot in her leg had broken up, travelled up to her lungs and caused a pulmonary embolism.

Tina remained in hospital for eleven days, and then had to take the blood-thinning agent Warfarin for a further six months. During her recovery Tina sought legal advice and made a claim for post-hysterectomy medical negligence – alleging that she should have been provided with surgical stockings and anti-clotting medication on her discharge from the hysterectomy procedure.

In November 2012, Sherwood Forest Hospitals NHS Foundation Trust acknowledged liability for Tina´s deep vein thrombosis and accepted that, on the balance of probabilities, the pulmonary embolism would have been avoided if Tina had been provided with surgical stockings and anti-clotting medication when she was discharged from Kings Mill Hospital in August.

After lengthy negotiations, a settlement of Tina´s claim for post-hysterectomy medical negligence was agreed with the NHS Trust. Speaking after the undisclosed settlement had been negotiated, Tina told her local newspaper she feared her two children would be left motherless due to the post-hysterectomy medical negligence. “I really felt like I could have died. I was terrified and it felt like every breath I took would be my last,” she said.

Read More