Archive for February 2016

Mother Settles Claim for Surgical Packing Left Inside Her during Birth

A mother has settled her claim for surgical packing left inside her during the birth of her son at the Hull Women and Children´s Hospital in 2012.

Elise Cattle (27) gave birth to her son – Freddie – in August 2012, but for months afterwards she suffered from pain, bleeding and infections that prevented her from caring for her newborn child. Unable to change or bathe Freddie, Elise missed vital bonding time with her son while her parents took care of the tasks she was unable to do.

After five months of unresponsive treatment prescribed by her GP, Elise was referred to a specialist. The specialist discovered that surgical packing used to stem bleeding had been left inside her and, as soon as he removed it, Elise´s pains disappeared.

Elise sought legal advice and made a claim for surgical packing left inside her against the Hull and East Yorkshire NHS Trust. The Trust conducted an investigation into the claim and acknowledged that a mistake in Elise´s care had been made. After a period of negotiation, the Trust agreed to pay Elise £7,500 compensation for the pain and suffering she had experienced.

Speaking with her local paper after the claim for surgical packing left inside had been resolved, Elise said: “When I got home from hospital, the pain just got worse and worse. I couldn’t sit down for days afterwards, and had to use a rubber ring to sit on. I was laid on the sofa while my mum and dad did everything. It really affected my bond with Freddie. I felt like I’d failed him.”

Elise´s solicitor added: “It is accepted by the NHS that these errors are being made simply because healthcare staff and providers are not following clear, simple guidelines.” However, Mike Wright – the Chief Nurse for Hull and East Yorkshire Hospitals NHS Trust – told the newspaper that the hospital would learn from its mistake. “Never events are rare, but when mistakes do happen, we are committed to being open and honest about them” Mr Wright told reporters.

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Hearing Continues in Claim for Negligent Spinal Abscess Treatment

A hearing at the London High Court to determine the outcome of a claim for negligent spinal abscess treatment is set to continue for the rest of the week.

The claim was brought following a delay in the diagnosis and treatment of a spinal abscess in 2009 at the Royal Devon and Exeter Hospital. The claimant – who cannot be named for legal reasons – is paralysed from the waist down due to the delay, is confined to a wheelchair and requires round-the-clock care.

The Royal Devon and Exeter NHS Foundation Trust admitted liability for the error, but are disputing how much the claim for negligent spinal abscess treatment should be settled for. Lawyers representing the NHS Trust argued in court that most of the costs for caring for the fifty-year-old claimant are the result of drug abuse since his teens – costs that the NHS Trust argues should not be their responsibility.

The claimant´s lawyer values the claim for negligent spinal abscess treatment at £3.4 million, but the NHS Trust says that its contribution to the man´s future care should be less than £1 million. The NHS Trust´s lawyers told the court that, since his confinement to a wheelchair, the claimant has continued his “chaotic” lifestyle and maintains the company of drug addicts and other “undesirable characters”.

The NHS´ lawyers also argued that it was the claimant´s responsibility to kick his drug habit and that it was a matter of public policy why the compensation being claimed should be dramatically reduced. In response, the claimant´s lawyers told the court that his client has a dependency disorder and it would be wrong to deny him the compensation necessary to support him and manage his disability.

The judge presiding over the case ordered that, due to the claimant´s vulnerability, nothing should be published that might identify him. The claim for negligent spinal abscess treatment has been scheduled for seven days and is expected to continue for the rest of this week.

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