FAILURE TO PROVIDE DVT PROPHYLAXIS

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.

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • NewsVine
  • Reddit
  • StumbleUpon
  • Google Bookmarks
  • Yahoo! Buzz
  • Twitter
  • Technorati
  • Live
  • LinkedIn
  • MySpace

DELAY IN DIAGNOSING COMPLICATIONS FOLLOWING SURGERY TO ALLEVIATE THE SYMPTOMS OF CROHN’S DISEASE

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.

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • NewsVine
  • Reddit
  • StumbleUpon
  • Google Bookmarks
  • Yahoo! Buzz
  • Twitter
  • Technorati
  • Live
  • LinkedIn
  • MySpace

Bone Loss Caused by Poor Oral Health Results in £10,000 Settlement for Client

May 20th, 2011

*Andy* had been to two dentists over the course of eight years for all of his regular dental appointments. At no stage had he been advised to stop smoking to given any advice regarding general oral health. On only four occasions had a basic periodontal examination been carried out, once in 2001, twice in 2006 and once in 2009.

During the eight years that Andy had been attending the two dentists for his appointment he had suffered deteriorating adult periodontal disease and developed widespread bone loss in his jaw.

Andy had attended a total of 35 appointments and a total of 20 scaling and polishing appointments.

In May 2009 Andy was referred to a different dental practice. When he was seen there, x-rays were taken which showed significant bone loss around all of his teeth and the prognosis of his teeth deteriorated throughout the time of his care. Andy eventually lost one of his upper right teeth.

Andy contacted Ian Kirwan, a specialist in clinical negligence matters at Pryers Solicitors, in June 2009 and investigations into his case started.

A report was obtained from a General Dental Practitioner who advised that the Defendants had been negligent in failing to properly advise Andy and failing to carry out regular periodontal examinations. A further report was obtained, however, which advised that smoking had played a major contributory factor in the development of the periodontal disease and it was likely that Andy would have required some treatment in any event.

Allegations were put to the Defendants in February 2011 and negotiations to settle the case commenced. In March 2011 the Defendants put forward an offer to settle the case for £10,000 which Andy was pleased to accept.

The Defendants also paid all of Andy’s legal costs so he received 100% of his compensation

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • NewsVine
  • Reddit
  • StumbleUpon
  • Google Bookmarks
  • Yahoo! Buzz
  • Twitter
  • Technorati
  • Live
  • LinkedIn
  • MySpace

Wrong Size Knee Replacement Leads to Settlement for £20,000

May 20th, 2011

In May 2006 *Rachel* underwent a knee replacement procedure at her local hospital in Yorkshire.

Following the knee replacement Rachel continued to suffer pain and discomfort and complained of this on a number of occasions to her physiotherapist and GP. Rachel was struggling to carry out a number of the physiotherapy exercises because she had such reduced movement in her knee.

By the end of July 2006 Rachel’s GP was so concerned about her slow recovery that he referred her for investigations and to have a manipulation procedure on the knee.

After the manipulation procedure Rachel did not feel that her position had been improved at all either in relieving the pain or increasing the range of movement.

By January 2007 Rachel felt she could no longer manage the pain that she was in and returned to her GP once more and was referred back to the hospital who simply sent Rachel for further physiotherapy which gave no further relief from her symptoms.

During February 2007 Rachel underwent a number of x-rays through the hospital but no concerns were raised following these, even though one showed that her leg was not straight.

In May 2007 Rachel returned to her GP and asked to be referred for a second opinion. She was referred to a different hospital in Yorkshire. Rachel underwent a thorough review by the consultant there and was informed that one component of her knee replacement was too big and that this was the cause of all of her pain and difficulties walking.

Rachel underwent surgery in December 2007 to replace the incorrect part of the knee following which Rachel commenced a long recovery process. She has not yet fully recovered and has been informed that there is little more that can be done.

Rachel contacted Alex McKnight, a specialist in clinical negligence matters at Pryers Solicitors, in February 2009 and investigations into her case commenced.

Medical evidence on Rachel’s current condition and prognosis was commissioned initially, in addition to further evidence on the failings of the initial hospital.

Lengthy negotiations commenced to settle the claim and in March 2011 an offer was made by the Defendant to settle the claim for £20,000.

The Defendant also paid all of Rachel’s costs incurred in the case so she received 100% of her compensation.

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • NewsVine
  • Reddit
  • StumbleUpon
  • Google Bookmarks
  • Yahoo! Buzz
  • Twitter
  • Technorati
  • Live
  • LinkedIn
  • MySpace

Burns Caused by Pulse Light Treatment Leads to £9,000 Settlement for Client

May 20th, 2011

*Daniel* had a long standing condition of ingrown facial hair causing him to suffer pain and discomfort.

In October 2007 he decided to undergo Intensive Pulse Light treatment at a local cosmetic surgery clinic in the North West of England.

Shortly after the procedure began Daniel started to complain that his face was feeling very hot and the treatment was uncomfortable. Daniel had not had any tests done to check that he would not react to the treatment or to test that the correct treatment for his skin tone would be used.

After the treatment had finished Daniel found that he had burns on his face. He was provided with a cream which contained alcohol and caused him further pain and discomfort.

As the burns healed Daniel noticed that he had some scarring on his face which he found distressing. He also found that he could not manage to return to the clinic to complete the treatment because of the distress that he had suffered. He therefore continued to have ingrown facial hair.

In September 2009 Daniel contacted Alex McKnight, a specialist in clinical negligence matters at Pryers Solicitors. Alex started to investigate his case and obtained medical reports from a Dermatologist and a Psychologist.

At the end of 2010 allegations were put to the Defendant along with an offer to settle the case. The Defendant replied with a counter offer and negotiations to settle commenced. In February 2011 an offer of £9,000 was made by the Defendant which Daniel was happy to accept.

The Defendant also paid all of Daniel’s legal costs so Daniel kept 100% of his compensation and incurred no costs through bringing his claim.

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • NewsVine
  • Reddit
  • StumbleUpon
  • Google Bookmarks
  • Yahoo! Buzz
  • Twitter
  • Technorati
  • Live
  • LinkedIn
  • MySpace