Negligent Management of Dog Bite

November 25th, 2011

*Jane* sustained a dog bite wound to her hand and wrist after trying to stop a Staffordshire bull terrier from attacking her own dog.  She attended A&E at her local hospital where an x-ray was taken to ensure there was no fracture or foreign body within the wound.  Jane was told that the x-ray showed no fracture or foreign body.

The wound was stitched closed in A&E and she was given antibiotics tablets before being allowed home.

Unfortunately, Jane began to feel unwell after sleeping through the night.  The following morning she had a fever and her arm felt very painful and heavy.  She also noticed there was an area of redness spreading out from underneath the dressing.  She went back to the A&E department at her local hospital.

A plastic surgeon examined her wrist and explained that the wound should have been left open for at least five days in order to prevent infection.  Jane was admitted to hospital immediately and given intravenous fluids and antibiotics.  She underwent a further 3 operations to thoroughly clean and debride the wound.  Jane now has extensive scarring and struggles to use her dominant hand without pain.

In August 2010, Jane approached Pryers Solicitors and investigations were begun by Richard Starkie, a Solicitor specialising in Clinical Negligence.  In October of the same year, having obtained copies of Jane’s medical records and x-rays, Richard wrote to the Hospital Trust setting out the allegations of negligence.  The Trust responded and denied any liability.

Richard then instructed an expert in accident and emergency medicine, who supported Jane’s case unreservedly.  The expert stated that the wound should not have been stitched in the A&E department.  The wound should only have been stitched closed once a plastic surgeon had performed a thorough cleaning and debridement of the wound.

A hand surgeon was then instructed in order to provide a view on the effect of the failure and how Jane’s wrist was at the time.  The expert stated that if the wound had not been stitched closed in the A&E department then the risk of developing a serious infection would have been less than half.  The hand plastic surgeon also stated that Jane’s injury and infection had caused considerable short term pain and disability, and pain, weakness and stiffness in the long term.

These points were put to the Defendant but it maintained its denial of liability so Court proceedings were issued and served on the Trust.

The Defendant then made an initial settlement offer of £7,500.  This was rejected and Richard entered into negotiations with the Defendant.  Jane’s case was settled for £20,000.

The case was funded by a conditional fee agreement and Jane kept all of her compensation, with nothing to pay towards legal costs.

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Client receives £12,000 for protruding surgical screw

February 18th, 2011

While playing netball in July 2009 Laura fell and fractured the left side of her ankle.

She attended her local hospital in the North West and was seen at A&E department, from where she was admitted into hospital.

Five days later Laura underwent surgery to repair the fracture and to fix the bone into place using surgical screws.

Following her surgery Laura made a good recovery in hospital and her plaster cast was removed ten days following surgery.

Laura was encouraged to try standing and walking but started to experience excruciating pains in her left foot. This prevented Laura from standing properly, walking any distance and working.

In mid August 2009 Laura returned to hospital and an x-ray was performed. This found that one of the screws holding the bone was 1cm too long and was protruding into the flesh of Laura’s foot. This was found to be the cause of her pain and difficulty.

Consequently, Laura had to undergo further surgery at the end of September 2009, the purpose of which was to remove the screw.

Following this operation Laura developed a wound infection which was treated by antibiotics.

Laura then started a course of physiotherapy which helped the pain to resolve and she regained mobility.

Laura contacted Pryers in September 2009 regarding her treatment and her claim was managed by Alex McKnight, a specialist in clinical negligence matters. He claim was funded by way of a ‘no win no fee’ agreement.

Our investigations included obtaining expert opinion from a Consultant Orthopaedic Surgeon. With this evidence in addition to our own research we were able to agree a settlement for Laura of of £12,000.

The Defendant also paid all of Laura’s legal costs so she had nothing to pay throughout the case or at the end. She kept 100% of her compensation.

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Client wins £20,000 for mother’s pressure sore leading to her death.

February 18th, 2011

In February 2008 *Doreen*underwent bowel obstruction surgery in South Yorkshire. She was then discharged and put under the care of District Nurses. While her wound was care for and attended to regularly Doreen was initially bed bound and her pressure areas were not checked or managed.

In May 2008 it was discovered that Doreen was suffering from a necrotic right heel ulcer by her GP. This reached the stage whereby Doreen had to be re-admitted to hospital in June 2008 with sepsis in the heel, in addition to septic arthritis of the right knee. It was felt that it would be too risky to operate on Doreen and her treatment was conservative.

Doreen was referred to the Orthotics department to get a heel lift and relieve pressure when walking.

Doreen then started to suffer skin tears and further pressure sores on her buttocks. Her condition continued to gradually worsen and led to her death in July 2008.

Doreen’s daughter contacted Anna Renfree, clinical negligence specialist at Pryers in November 2008 and we started to investigate the claim. She entered into a ‘no win no fee’ agreement to fund the case.

A letter of claim was served on the Defendant in May 2010 and in November 2010 the Defendant responded, admitting that they were in breach of their duty of care but denying that this led to Doreen’s death. The Defendant offered £7,500 to settle.

Anna then worked with our in house microbiology expert, Dr Kirwan, who advised that Doreen had suffered from a bacterial infection which had provided an entry point for infection. Swabs of the pressure sore on the heal showed Klebsiella Pneumoniae culture and Doreen’s principle cause of death was recorded as pneumonia.

We returned to the Defendant with this evidence and asked them to re-consider our original offer of £20,000. They agreed to this, which Doreen’s daughter was pleased to accept.

The Defendant also paid all of the client’s legal costs so they had nothing to pay during or after the case and she received 100% of her damages for her mother’s estate.

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Medical negligence claim for unauthorised additional surgery

April 27th, 2010

Claim after medical operationHere at Pryers, the clinical negligence solicitors in York, we are pleased to announce another successful claim. The Claimant underwent planned surgery for release of right trigger thumb but, whilst under anaesthetic, the surgeon also inadvertently performed right carpel tunnel release. The Claimant had never suffered with carpel tunnel syndrome and the procedure had never been discussed with the surgeon. The Claimant therefore had an additional scar which was numb, and associated weakness in his right hand for 4 weeks.
Liability was admitted at complaint stage, a Letter of Claim was served and a Part 36 offer of £6000 was made. The Defendant came back with an offer of £5000 and the Claimant accepted.

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Claim after delayed treatment

April 26th, 2010

Surgery can lead to clinical negligence claimsHere at Pryers solicitors in York we are pleased to detail another successful case. Our client had an anal fistula which was treated with insertion of a seton. There was then an unacceptable and substandard delay in further management and treatment, causing 18 months of PSLA (Pain, Suffering & Loss of Amenities). She finally received appropriate treatment which resolved the problem.

A medical negligence complaint was pursued to which we received an indifferent response. After obtaining the medical records and reviewing them, it seemed that the case looked very strong and causation was limited. The claim was valued at £5,000 – £10,000. A Letter of Claim was sent together with a Part 36 Offer for £15,000. We got a Letter of Response admitting liability with a counter offer for £10,000, which the client accepted today.

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