Category: Clinical Negligence News

Millions of pounds awarded to girl injured at birth

Millions of pounds awarded to girl injured at birth

A child who was left with cerebral palsy after hospital staff failed to deliver her quickly enough has been awarded millions of pounds in compensation.

Elise Frith, now six, was born at Milton Keynes Hospital, but although her mother Yelena had been suffering from abdominal pains, an emergency Caesarean was not performed until more than two hours after a problem was detected.

The child was deprived of oxygen and now has mobility and communication problems as a result of her cerebral palsy, Milton Keynes Today reports.

Milton Keynes Hospital admitted that its staff had been negligent in not taking Ms Frith in for surgery sooner and this week approved a compensation payout that, although confidential, is believed to amount to millions of pounds.

According to the charity Scope, one in every 400 children in the UK is born with cerebral palsy.

This is most commonly the result of failure of a part of the brain to develop and can be caused by a lack of oxygen in the womb, as was the case here.


Family seek damages for man killed by overdose

Family seek damages for man killed by overdose

The family of a man who died after being given too much diamorphine are taking legal action against the NHS and the doctor who was responsible for his death.

David Gray, 70, died after being injected with ten times the recommended dose of the painkiller by Dr Daniel Ubani in February 2008.

Dr Ubani was on his first shift in the UK, working for the out of hours service Take Care Now. He is now under investigation by the Care Quality Commission and is facing a possible manslaughter charge.

Mr Gray’s family is pursuing civil legal action against Dr Ubani, NHS Cambridgeshire and Take Care Now, claiming that the medic did not have suitable training and that the victim would still be alive had he been treated by someone with British medical training or a student nurse.

NHS Cambridgeshire has insisted Mr Gray’s death was an isolated incident.

Clinical negligence occurs when a professional in the health service provides care that is deemed to be below standard and this causes physical injury, death or distress.

Anyone affected should seek legal action as they may be eligible for compensation.

Hip op patient receives compensation after pin is left in

Hip op patient receives compensation after pin is left in

A man has received £4,000 in compensation after a piece of medical equipment was left inside him following an operation.

David Bould, 54, went into the University Hospital of Hartlepool in April 2008 to have his hip replaced due to general wear and tear.

Originally, it was thought that the operation had been a success. However, an x-ray revealed that the guide pin had been left inside Mr Bould’s body.

He had to go for another operation to have the equipment removed, which he claims caused him unnecessary suffering.

"To be told that they had made a mistake and would have to operate again was a huge shock," he commented.

Mr Bould took legal action against North Tees and Hartlepool NHS Foundation Trust and has now secured £4,000 in compensation. A spokesperson said procedures have now been changed to avoid such incidents happening in the future.

Anyone who has suffered as a result of a medical practitioner not exercising what is seen as a normal standard of care and skill may have good grounds for a clinical negligence claim.

Nurse sues own hospital after alleged blunders

Nurse sues own hospital after alleged blunders

A nurse is taking legal action against the hospital where she works, claiming that she almost died after having treatment there.

Susan Melo, 47, has worked at Whittington Hospital in Highgate for three years and was admitted as a patient for a hysterectomy earlier this month.

However, she alleges that staff ignored a family history of thrombosis and gave her an epidural which meant that she could not move her legs for three days.

Ms Melo went on to develop blood clots in both lungs and claims that if she had not had prior medical knowledge, she would not be alive today.

"If I hadn’t been a nurse I would have died. I wouldn’t have been able to challenge them," she remarked.

Ms Melo is now taking legal action against the hospital. A spokesperson said an investigation is being conducted but did not comment further.

Clinical negligence injuries can occur a result of improper medical treatment, mistakes made during surgery, a delayed medical condition diagnosis, bad medical advice, poor dental care and various other problems. Anyone affected should seek legal advice.

Parents win right to sue over errors in treatment

Parents win right to sue over errors in treatment

The parents of a girl who died after being given a massive overdose of radiation have been given permission to sue an NGS trust for clinical negligence.

Lisa Norris, 16, was having treatment for a brain tumour at the Beatson cancer centre in Glasgow in 2006, but doctors mistakenly gave her too much radiation. They then stopped the treatment after discovering the error.

Her parents Ken and Liz claim that Lisa would have lived had doctors not stopped the treatment and are taking legal action against NHS Greater Glasgow and Clyde.

"The health authorities should be called to account for what happened to Lisa," Mr Norris said.

Experts opined after Lisa’s death that she should have had a 60 per cent chance of survival from her cancer if she had been treated properly.

The NHS trust declined to comment on the case or the legal action.

According to Cancer Research UK, approximately 4,500 people in the UK are diagnosed with brain and central nervous system tumours every year.


Family secures damages after death of pensioner

Family secures damages after death of pensioner

Compensation is to be paid to the family of a woman who died after falling from her hospital bed.

Joan Wheel was taken to York Hospital in November 2007, suffering from ulcers on her legs because of insect bites.

However, during her stay, she fell from her bed at least three times after being left in a bed without side railings.

Ms Wheel sustained serious head injuries after the last fall and died after six days.

After an inquiry, York Hospitals NHS Foundation Trust admitted that the standard of care provided to Ms Wheel had been "below that to be reasonably expected" and agreed to an undisclosed civil compensation payout.

It apologised for the impact the death has had upon the family.

Clinical negligence occurs when a professional in the health service provides care that is deemed to be below par and this causes physical injury, death or distress. Compensation may be claimed as a result.

Man left brain damaged secures over £1m in compensation

Man left brain damaged secures over ٟm in compensation

A man who was left permanently brain damaged after hospital staff did not properly treat him for a head injury is to receive more than £1 million in compensation.

Joseph Neale, now 65, fell from a skip in summer 2002 and was taken to North Tyneside Hospital.

Although he was examined by staff, it was not noticed that Mr Neale had bleeding on the brain and he was placed on a general ward.

It was only when Mr Neale’s condition began to deteriorate overnight that he was rushed to Newcastle General Hospital for emergency treatment.

Unfortunately, it was too late to repair the injury and Mr Neale was left with permanent brain damage and now needs 24-hour care.

His daughter Helen Todd took legal action against Northumbria Healthcare NHS Foundation Trust, which has now agreed to a seven-figure payout to cover Mr Neale’s care.

"It is incredibly distressing to see someone you love in that condition, but for it to have happened as a result of someone else’s errors makes it even more galling," she commented.

As with all compensation claims, the clinical negligence (including the misdiagnosis of a medical condition) must cause further injury, pain or suffering in order for the case to be successful and a payout to be made.


Couple sue NHS for 'wrongful birth'

Couple sue NHS for wrongful birth

A couple are suing the NHS for failing to pick up their son’s physical abnormalities in the womb and therefore robbing them of their chances to have an abortion.

The parents, who cannot be named for legal reasons, had a 20-week abnormality scan at Blackpool Victoria Hospital, but claim that the sonographer performed in too light-hearted a manner and did not properly look for problems.

The child was born with severe mental and physical disabilities, but the couple claim that had they found out about this at the scan beforehand, they would have aborted the foetus, the Daily Mail reports.

As a result, they are suing Blackpool, Fylde and Wyre Hospitals NHS Trust for the ‘wrongful birth’ of their son, now 14, in the hope of being awarded a payout for his long-term care.

The trust denies liability and a hearing into the case is continuing.

According to, about half of all major abnormalities will be seen on the 20-week scan. If a problem is found or suspected, an appointment will be made with a foetal medical specialist and options such as abortion or operations in the womb will be discussed.

Parents awarded damages after teenager dies in hospital

Parents awarded damages after teenager dies in hospital

The parents of a teenager who died in hospital after being given drugs that were later described as inappropriate have been awarded damages by an NHS trust.

Alexander Newton, 18, had Duchenne muscular dystrophy and was being treated at the Royal United Hospital in Bath in 2005.

However, he was given the strong painkiller cocodamol and the sleeping drug Zopiclone and went on to suffer hallucinations and three respiratory arrests.

Alexander died after 16 days in hospital.

His parents Barrie Newton, 60, and Pamela, 58, took legal action against the Royal United Hospital Bath NHS Trust for clinical negligence after a coroner ruled that the drugs "took their toll" on their son’s health, although they did not kill him directly.

Although the NHS trust did not admit liability, it has agreed to a "considered sum of money" to compensate for the distress caused to Alexander before his death.

Zopiclone is a hypnotic sleeping drug and a side effect listed by RDS Alert is palpitations in some patients.

Pryers bus now on the streets of York

Pryers bus now on the streets of York

Pryers Solicitors has now unveiled its very own bus in York! At a time when most companies are tightening belts, Pryers Solicitors LLP remains extremely busy and is even recruiting for another two solicitors to join its team. The firm specialises in clinical negligence and personal injury work.

Principal Ian Pryer commented: "The bus will continue to spread the word about Pryers. It is part of a much larger advertising campaign that we are running throughout the region."

Pryers Solicitors LLP specialises in clinical negligence and personal injury accidents. If you think you could have a claim in either area, please call the specialists on 0800 316 0166.