August 24th, 2011
* Richard* sustained an injury to his Achilles tendon which required a plaster cast to be fitted. He complained to his local hospital in Newcastle of suffering from a hot, itchy and painful leg so his plaster was then changed. At this stage it was noted that his leg was bruised and extremely swollen. Richard requested that the hospital perform a scan of his leg but he was reassured that there was no need as his symptoms were normal for Achilles injuries.
Unknown to Richard, he had at this point developed a DVT which went undiagnosed for nine days until he collapsed and was rushed to his local hospital. As a result of the hospital’s failure to diagnose the pulmonary embolism (PE), he had to have a filter inserted for fourteen months and suffered with ongoing shortness of breath.
In September 2008, Richard approached Pryers Solicitors and investigations were commenced. Then in October 2009, Laura Turner, a solicitor specialising in clinical negligence, sent a letter to the Defendant’s setting out the allegations of negligence. In the Letter of Response, the Defendant admitted a breach of duty for failing to diagnose the DVT. However, the Defendant denied that there was any significant injury caused by this failure as Richard had a contra indication to anticoagulation.
Laura Turner undertook research into this area and discovered that some people with contra indication to anticoagulation can be preventively treated for a PE developing. She also found medical evidence to support the argument that at the very least all patients should be admitted and monitored carefully.
In 2011 these further allegations were put to the Defendant followed by an offer to settle the case for £5,000 plus costs, which was accepted.
Tags: Achilles Tendon, Allegations, Anticoagulation, Breach Of Duty, Clinical Negligence, Defendant, Dvt, Failure, Investigations, Laura Turner, Local Hospital, Medical Evidence, Newcastle, Nine Days, Painful Leg, Plaster, Pulmonary Embolism, Shortness Of Breath, Solicitor Specialising, Solicitors
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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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November 25th, 2008
A group of six cancer sufferers who opted to have their sperm frozen so that they could still father children but then saw it destroyed in a freezer accident are taking their case to an appeals court.
The samples were destroyed at Southmead Hospital, in Bristol in June 2003, spoiling their only chance of retaining their fertility, the Times reports.
Although North Bristol NHS Trust admitted a breach of duty, a judge ruled that the men should not receive compensation because the sperm samples were not a living part of their bodies and were therefore not eligible to make a case for personal injury.
However, some of Britain’s top judges are now to hear the case after the men sought legal action to appeal.
Their legal representative said: "This is a grey area but, looked at correctly, we say this is a classic case of personal injury."
The hearing is expected to conclude later this week.
Following the freezer incident, the Human Fertilization and Embryology Authority implemented new rules to safeguard frozen sperm, eggs and embryos in case of equipment failure.
Tags: Appeals Court, Breach Of Duty, Cancer Sufferers, Case Equipment, Classic Case, Eggs, Equipment Failure, Fertility, Freezer, Frozen Embryos, Grey Area, Human Fertilization And Embryology Authority, Legal Representative, North Bristol Nhs Trust, personal injury, Sperm Samples
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October 10th, 2008
A woman has issued a high court writ on behalf of her son who was injured at birth.
Gillian Wick claims that, during a difficult delivery, staff at Heatherwood Hospital in Ascot pulled too hard on Jack Wicks’ head.
This, she alleges, caused Erb’s Palsy – paralysis of the arm caused by injury to the upper group of the arm’s main nerves.
Jack, now nine, has reduced motion in his right arm, making tasks such as getting dressed difficult, GetBracknell.co.uk reports.
He has already had to undergo major operations on his arm and is likely to need more treatment in the future.
Ms Wicks is claiming £300,000 on Jack’s behalf and the hospital has agreed to a breach of duty through "inappropriate traction", although the two sides are yet to agree upon how much compensation will be paid to Jack.
If an out of court settlement has not been reached soon, judges at the high court will make a decision as to the sum.
Tags: Ascot, Birth Injury, Breach Of Duty, Court Settlement, Delivery Staff, Gillian, Nerves, Paralysis, Right Arm, Wick, Wicks, Woman, Writ
Posted in Clinical Negligence News | No Comments »
