August 17th, 2011
*Harry* had a history of right DVT and pulmonary embolism from March 2006. He subsequently was admitted to his local Hospital in April 2007 to undergo a right leg varicose vein procedure. The performing Surgeon however, did not examine Harry’s leg and he was not provided with any DVT phylaxis as a preventative measure.
In July 2007 Harry underwent surgery without any DVT phylaxis. Unfortunately, five days later he was subsequently readmitted to his local Hospital complaining of chest and calf pain. He was subsequently diagnosed with pneumonia and discharged home only to return to hospital two weeks later after having been diagnosed with an extensive DVT.
Harry approached David Sears, a solicitor specialising in clinical negligence matters at Pryers Solicitors.
Investigations were undertaken and a letter setting out the allegations of negligence following supportive expert evidence was submitted to the Defendant. The Defendant then submitted a Letter of Response admitting breach of duty in respect of the surgery and failure to provide DVT phylaxis.
Harry had pre-existing venous insufficiency and limited function therefore the injury was limited to a six month period following the surgery. In an attempt to reach early settlement David Sears proposed an out of Court settlement in the sum of £17,000, which the Defendant rejected and made a counteroffer of £15,000. It was ultimately agreed that the matter would settle for £16,000 plus costs which Harry gladly accepted.
Tags: Allegations, Breach Of Duty, Calf Pain, Clinical Negligence, Counteroffer, Court Settlement, David Sears, Defendant, Dvt Prophylaxis, Early Settlement, Expert Evidence, Failure, Investigations, Local Hospital, Phylaxis, Pneumonia, Preventative Measure, Pulmonary Embolism, Solicitor Specialising, Solicitors
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August 15th, 2011
*Michael* had a four year history of severe abdominal pain for which he made numerous attendances to his local hospital in Chesterfield. He underwent various non-surgical investigations in 2008 and was finally diagnosed with Crohn’s disease.
Following this diagnosis Michael underwent a hemicolectomy in November 2008 to ease his symptoms. Unfortunately, he did not recover well post-operatively and it was not until February 2009 that he underwent exploratory surgery. Following which it was subsequently discovered that Michael had a pelvic abcess, fistulas and adhesions.
In October 2009, Michael contacted Laura Turner, a solicitor specialising in clinical negligence matters at Pryers Solicitors.
Investigations into the case were commenced and an expert report from a Consultant Gastroenterologist was obtained. The expert’s report was not wholly supportive in that he was of the view that all of the management up to the operation in November 2008 was thought to be reasonable. The expert did, however criticise the hospital’s delay in performing appropriate investigations to confirm why Michael was not making any improvement.
A letter outlining the allegations of the hospital’s failings was sent to the Defendant and the Defendant responded admitting liability. This admission however was for a reduced period of time alongside an offer to settle of £1,000 plus costs. A counter offer of £5,000 plus costs was put forward to the Defendant which was rejected. The Defendant then offered £2,500 plus costs in full and final settlement, which Michael was happy to accept.
Tags: Abcess, Adhesions, Admission, Allegations, Clinical Negligence, Consultant Gastroenterologist, Crohn S Disease, Defendant, Disease Diagnosis, Expert Report, Exploratory Surgery, Fistulas, Hemicolectomy, Investigations, Laura Turner, Local Hospital, Period Of Time, Severe Abdominal Pain, Solicitor Specialising, Solicitors
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February 18th, 2011
Paul was suffering from Dypuytren’s Contracture, a condition which affects the hands, causing thickening of the tissues and the fingers to bend into the palm, in his left (non dominant) hand.
Paul attended his GP and was referred to his local treatment centre in Milton Keynes in March 2009 and underwent surgery to release the contracture in May 2009. Paul was then discharged home with pain relief and told to rest and keep his hand elevated. He had also been advised by a nurse to wriggle his fingers.
Paul returned to the treatment centre to have his dressing changed and to have stitches removed on two separate occasions, at neither of these appointments was Paul referred for physiotherapy.
Three weeks following his surgery Paul was continuing to experience pain and swelling in his hand and went to his local Walk in Centre where he was reassured and discharged. At his next appointment at the treatment centre he mentioned this again but was just told to keep wriggling his fingers and that the wound was healing nicely.
Paul returned to his GP on a number of occasions and was referred for further appointments at the treatment centre. He was also referred to a Hand Therapy unit where he was given some exercises and treatments to carry out, but which he found very difficult and painful.
After several sessions Paul went back to his GP and was referred to a different consultant. At this appointment he was informed that he should have had physiotherapy, starting 48 hours after the surgery and that as a result of not having this, the hand had stiffened up.
Paul has since seen a number of specialists and has undergone treatment but continues to suffer pain and is unable to clench his hand in a fist.
Paul contacted Pryers in September 2009 and his claim was managed by Alex McKnight, a clinical negligence specialist. His claim was funded by way of a ‘no win no fee’ agreement.
Pauls claim was investigated and expert evidence was sought from a Consultant Orthopaedic Surgeon. With our investigations and this advice we submitted a Letter of Claim to the Defendant, who responded admitting breach of duty and offering £50,000 to settle in November 2010, which Paul was very happy to accept
The Defendant paid all of Paul’s legal costs so he had nothing to pay during or after the case and kept 100% of his compensation.
Tags: Alex, Appointment, Appointments, Clinical Negligence, Contracture, Dominant Hand, Exercises, Expert Evidence, Fingers, Fist, Gp, Milton Keynes, Nurse, Occasions, Pain Relief, Palm, Physiotherapy, Several Sessions, Stitches, Tissues
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February 18th, 2011
In January 2005 Jill went to her GP complaining of vaginal discharge and bleeding.
She was referred to hospital for investigations. At the hospital a number of investigations were carried out in April 2005, including a cervical smear test. The cervical smear was reported as normal. In fact the test was abnormal. It showed evidence of a severe cell change.
In November 2006 Jill returned to her GP complaining of heavy periods and inter-menstrual bleeding. She was referred to the hospital and was seen later that month. Following investigations by a specialist Jill was diagnosed with cervical cancer.
Jill underwent radiotherapy and chemotherapy in January and February 2007 and brachytherapy in February 2007. Jill then also started to suffer anxiety and depressive illness for which she was treated with medication and counselling.
It appeared that Jill was responding well to treatment and was referred back to the care of her original hospital.
However, in January 2008 Jill returned to her GP complaining of back pain and was referred to hospital for investigations. These investigations revealed that her cancer had returned, and spread to her lungs.
Jill underwent surgery on the lung during August 2008 and surgery by way of pelvic exoneration in October 2008, following which she required a permanent colostomy and had to self-catheterise.
Jill became unable to work and required a high level of care and assistance from her family.
Jill contacted Alex McKnight, a clinical negligence specialist at Pryers to investigate what had happened and help her with her future needs. Her case was funded by a ‘no win no fee’ agreement.
Our investigations showed that the cervical smear test done by the hospital in April 2005 had been reported wrongly and that had this been reported correctly Jill would have been treated by way of hysterectomy, and, on the balance of probabilities, would have led to a complete cure. We obtained expert evidence from a Consultant in Clinical Oncology
The Defendant admitted in June 2009 that they had breached their duty of care owed to Jill but did not admit that this breach of duty had led to Jill’s subsequent pain and additional treatment.
The Defendant eventually admitted that its breach of duty had caused Jill’s ongoing problems and offered an interim payment of £30,000 and asked for information to consider the full value of the claim, which we provided.
On the basis of this information the Defendant offered £235,000 to settle the claim in October 2010, which Jill was happy to accept.
The Defendant also paid all of Jill’s legal costs so she had nothing to pay throughout the case or at the end.
Tags: Anxiety, Back Pain, Balance Of Probabilities, Brachytherapy, Cervical Cancer, Cervical Smear Test, Chemotherapy, Clinical Negligence, Colostomy, Consul, Depressive Illness, Expert Evidence, Heavy Periods, Hysterectomy, Investigations, Lungs, Medication, Menstrual Bleeding, Pelvic Exoneration, Vaginal Discharge
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