Category: Clinical Negligence News

Compensation approved for young stroke victim

Compensation approved for young stroke victim

A judge at the High Court has ruled that a young woman who suffered a stroke should be awarded compensation for clinical negligence.

Samantha Cole, 30, began to suffer dizziness, headaches and vomiting in 2004 and went to her local hospital and her doctor’s surgery, Essex local paper the Gazette reports.

However, she was sent home. Her symptoms began to worsen and she eventually requested a home visit from her GP, Dr Joseph Huber, who failed to diagnose an impending stroke and did not refer her to the hospital.

Ms Cole suffered the stroke four days later and is now unable to walk unaided.

She took legal action against Dr Huber, who has now admitted clinical negligence.

Judge McMullen QC ruled that the stoke could have been prevented had the doctor spotted the symptoms sooner and said that Ms Cole should receive compensation, the sum of which will be decided at a later date.

According to Life After Stroke, some 150,000 people in the UK have a stroke – when an area of the brain is deprived of its blood supply, causing brain tissue to die – every year.

Parents seek compensation after baby dies in breech birth

Parents seek compensation after baby dies in breech birth

Two parents from Stockport are seeking compensation from the NHS after their baby died during a failed breech birth.

Kate Share, 29, was not diagnosed with a breech birth until she was in the birthing pool and staff at Stepping Hill Hospital in Stockport decided to take a ‘hands-off’ approach, the Manchester Evening News reports.

Obstetrician Dr Amit Majumdar told a midwife who tried to deliver the baby’s head to stop and wait.

Baby Alfie died from suffocation on the resuscitation table 23 minutes after he was born.

Ms Share and her partner Richard Leeming have launched legal action against Stockport NHS Trust for negligence after a coroner ruled that staff should have acted sooner.

"We want to ensure that lessons are learnt and that no other parents have to endure the pain we have had to go through," said Mr Leeming.

According to, only around 0.4 per cent of all breech births now occur naturally in England, with most staff advising a Caesarean section.


Woman claims £30k damages for 'wrongly removed breast'

Woman claims 㿊k damages for wrongly removed breast

A woman who claims a surgeon unnecessarily removed her breast after she was diagnosed with cancer is suing him and the NHS trust he works for.

Margaret Anderson, 60, found a lump in her breast in December 2003 and was advised by Dr John Cannon that she would need a mastectomy as it was particularly aggressive, the Scotsman reports.

She underwent the surgery but in 2004, a pathology report found that the tumour had not been aggressive and that a lumpectomy may have been suitable.

Ms Anderson is taking legal action against Dr Cannon and NHS Lanarkshire, claiming that she had enquired about a lumpectomy but had been told this was not available. She hopes to claim £30,000 for the pain and suffering she was caused.

The NHS trust denies the allegations.

According to Breakthrough Breast Cancer, some 46,000 women are diagnosed with breast cancer in the UK every year and more than 1,000 die every month.

Widow sues after cancer misdiagnosis

Widow sues after cancer misdiagnosis

A woman whose husband died of bowel cancer after he had been given the all-clear is to sue the medical centre where he received treatment.

Steve Davies, 47, was given a colonoscopy last year and was told that his cancer had cleared, reports.

However, his condition worsened and he was operated on eight months later, which is when medics discovered three large tumours that he been present since 2004.

Tracey Davies said surgeon Ben Mak of Shepton Mallet Treatment Centre, Somerset, should have seen the tumours and could have made her husband’s life more pleasant in his final months.

She commented: "They couldn’t have done anything more for Steve but they could have given him some pain relief."

Ms Davies is now taking legal action for clinical negligence. Mr Mak has since resigned after it was revealed that another patient had suffered the same fate as Mr Davies.

Shepton Mallet Treatment Centre is a surgical Independent Sector Treatment Centre that provides 12,000 procedures a year for the NHS.


£55k settlement for family of woman who died in hospital

㿣k settlement for family of woman who died in hospital

The family of a woman who died after an operation is to receive a compensation payout of £55,000 after it was ruled that her death had been preventable.

Kathleen Doherty, then 29, went into the Royal Preston Hospital in March 2006 to have her gall bladder taken out, the Lancashire Evening Post reports.

However, she began to bleed internally afterwards, a fact that was not noticed by hospital staff.

Ms Doherty died a few hours later and her family went on to launch a clinical negligence claim.

The coroner ruled that medics had not properly monitored Ms Doherty and said that had they been checking her, she would not have died.

Lancashire Teaching Hospitals has agreed to a payout of £55,000 and has apologised to the family, adding that it has addressed issues within the hospital since the death.

Ms Doherty’s mother Frances said: "All I wanted was justice for Kathleen, and to make sure this never happens to anyone else. I hope the hospital have learned from it."

According to the Telegraph, almost 500 people have been seriously disabled by the lack of care they have received in hospital since the Clinical Negligence Scheme for NHS Trusts was established 13 years ago.


Hospital pays birth injury victim £1m in compensation

Hospital pays birth injury victim ٟm in compensation

A woman who suffered brain damage at birth is to receive compensation of more than £1 million after the hospital admitted to failings in her care.

Jackie Crothall went into hospital expecting twins in January 1988, but had started to experience difficulties, attests.

She was in need of an emergency Caesarean, but staff at the Royal Hampshire County Hospital in Winchester failed to recognise this.

As a result, one twin died and the other, Becky Crothall, suffered brain damage that led to cerebral palsy.

Now 21, she is unable to go out alone and cannot be left unsupervised.

Through her mother, Becky took legal action against South Central Strategic Health Authority and has now secured the payout.

Her legal representative said that the money is not a windfall, but a just settlement to pay for Becky’s future care and the assistance she has already received.

According to Scope, one in 400 children in the UK suffers from cerebral palsy. Around ten per cent of cerebral palsy compensation claims are due to complications at birth.


Sisters sue for clinical negligence after father's death

Sisters sue for clinical negligence after fathers death

Two sisters are campaigning for a fair sum in compensation after their father died in hospital as a result of what they claim was clinical negligence.

Peter Rose, 64, was supposed to have a CT scan on his abdomen in July 2008, but this did not take place, Kent Online reports.

Instead, staff at Medway Maritime Hospital used a scan that had been taken in 2006 and which did not show Mr Rose’s bowel obstruction.

Mr Rose consequently died of a twisted intestine and a heart attack, which Tammy Reeder, 25, and Naomi Rose, 21, claim would not have happened had the CT scan taken place.

The NHS Litigation Authority has admitted that Medway NHS Foundation Trust "breached its duty of care" to Mr Rose and has offered £15,000 in compensation, which the two sisters have rejected.

Instead, they are campaigning for an inquest and an investigation by the Health Care Commission.

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 who has suffered as a result should seek the advice of a solicitor.


Family launches compensation claim after 14th C difficile death

Family launches compensation claim after 14th C difficile death

A family is seeking the advice of clinical negligence solicitors after a grandfather became the 14th person to die from a superbug at a British hospital.

John Saunders, 66, was admitted to Eastbourne District General Hospital to have a blood clot removed, the Mirror reports.

His official cause of death was pneumonia, but the superbug Clostrodium difficile (C difficile) was listed as a significant contributing factor.

Jane Stanfield, Mr Saunders’ daughter, said the family is shocked and angry, particularly after hospital chief executive Kim Hodgson declared wards safe.

"I went in to see him just hours before he died and he was struggling to breathe and really uncomfortable. A lot more could have been done for him," she commented.

A spokesperson for the hospital said it would investigate if the family wishes to contact its staff.

It was reported last month that 62 cases of the bacteria have been noted at Eastbourne District General Hospital since January and a total of 14 people have now died there as a result.


Mother to receive 'substantial' compensation after cancer blunders

Mother to receive substantial compensation after cancer blunders

A young mother who was suffering from cervical cancer but who was not correctly diagnosed by medics is to receive compensation for her ordeal.

Cheryl Field, 33, had a smear test in 2001 which proved negative, but by January 2003, she began to suffer pain and bleeding.

Although she was given a referral to a gynaecologist by Dr Shamsh Suleman at Withymoor Village Surgery, it was a non-urgent appointment and it was not until five months later that a tumour was discovered.

"I told my doctor … that I was worried about cancer but he laughed this off and told me not to be silly," said Ms Field.

The tumour was too large to be removed and Ms Field had to undergo chemotherapy and radiotherapy, which has left her with permanent damage and unable to work.

Dudley Primary Care Trust has now agreed to pay the victim an undisclosed but "substantial" sum of compensation.

Chief executive of the organisation Mark Cooke said: "We accept that the standard of care which Mrs Field received fell below that which she was entitled to expect."

The reports follow news from last month that a Manchester woman had received compensation from Wythenshawe Hospital after her cervical cancer was also misdiagnosed and she almost died.

Families seek compensation after superbug deaths

Families seek compensation after superbug deaths

The families of 13 people who died as a result of an outbreak of the hospital superbug Clostridium difficile are taking legal action to pursue a possible clinical negligence claim, it has emerged.

According to the Eastbourne Herald, 62 cases of the bacteria have been noted at Eastbourne District General Hospital, where the deaths occurred, since January.

Local MP Nigel Waterman has called for an urgent review into why the hospital has not managed to contain the superbug and the particularly virulent 027 strain, which kills six out of ten people it infects.

The East Sussex Hospitals Trust is now facing legal action from the families of the 13 people who died amid allegations that it did not protect the welfare of its patients.

C difficile mainly affects elderly people who are admitted to hospital to be treated for other problems.

It is an infection of the lower intestine which can cause diarrhoea, ulceration, colitis and perforation of the intestine, which can prove fatal, the Department of Health attests.