April 20th, 2009
The Ministry of Defence (MoD) is facing legal action again after the families of ten servicemen killed in Iraq announced that they would be suing the government department.
They claim that the MoD failed to protect the human rights of the nine soldiers and one RAF man who died in January 2005 when their Hercules was shot down by enemy fire.
A coroner ruled that the MoD’s decision not to fit the aircraft’s fuel tanks with explosive-suppressant foam could have cost the men their lives.
The government department is now facing legal action for negligence, breach of a duty of care and failing to comply with article 2 of the European Convention on Human Rights.
An Mod spokesperson said it has apologised for the safety failures highlighted at the inquest.
The news follows an admission of liability last month by the MoD for 14 deaths in Afghanistan three years ago.
Family members of the 14 men are to receive compensation which may amount to six figures.
Tags: Admission, Breach, Compensation Claim, Coroner, Duty Of Care, Enemy Fire, European Convention On Human Rights, Family Members, Fuel Tanks, Government Department, Hercules, Inquest, Ministry Of Defence, Negligence, Raf, Safety Failures, Servicemen Killed In Iraq, Six Figures, Spokesperson, Suing The Government
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April 14th, 2009
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.
Tags: 13 Years, Clinical Negligence, Coroner, Family Of Woman, Gall Bladder, Hospital Staff, Kathleen Doherty, Lancashire Evening Post, Medics, Mother Frances, Negligence Claim, Nhs Trusts, Teaching Hospitals, Telegraph
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March 16th, 2009
The widow of a man who passed away while awaiting a heart operation is to seek compensation from the NHS trust involved.
Barrie Hetherington, 56, was waiting to have a pacemaker fitted in May 2007 when he suddenly took a turn for the worse, the Manchester Evening News reports.
He had suffered internal bleeding, but this was not detected by doctors. Mr Hetherington went on to have a heart attack and his life support machine had to be turned off two days later.
Manchester coroner Nigel Meadows ruled that had nurses spotted the symptoms of internal bleeding in time and alerted senior medics, Mr Hetherington may have survived.
His widow Pamela is now taking legal action against the University Hospital of South Manchester NHS Trust.
"I hope the outcome of this case can go some way to ensuring that others do now have to endure the nightmare I have experienced due to the negligence of nursing staff," she commented.
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.
Tags: advice, Clinical Negligence, Coroner, Doctors, Health Service, Heart Attack, Heart Operation, Hetherington, Injury Death, Manchester Evening News, Medics, News Reports, Nhs Trust, Nightmare, Nurses, Pacemaker, Pamela, Solicitor, South Manchester, Symptoms Of Internal Bleeding
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December 15th, 2008
A man is taking legal action against a hospital after his wife died from an asthma attack.
Tracey Ketchen, 41, was admitted to Queen Alexandra Hospital in Portsmouth in December 2006 suffering from complications associated with a smoking-related lung disease.
However, she was not hooked up to a monitor to check her pulse from her fingertips and when she then suffered a heart attack, medics failed to notice, the Portsmouth News reports.
Coroner David Horsley recorded a verdict of accidental death, but acknowledged that had Ms Ketchen been attached to a monitor, doctors may have been alerted earlier and her life could have been saved.
Ms Ketchen’s husband Nicky said he was dissatisfied with the verdict and said he is to sue the hospital.
"She should have been put on an intensive care ward earlier. If she had she would still be here." he commented.
The NHS trust responsible for the hospital expressed condolences for Ms Ketchen’s death and said it has made changes to its emergency procedures since the incident.
In order for a clinical negligence claim to be successful, a solicitor must establish that the surgeon breached a duty of care agreement between him or her and the patient.
Tags: Accidental Death, Asthma Attack, Clinical Negligence, Condolences, Coroner, David Horsley, Duty Of Care, Emergency Procedures, Fingertips, Heart Attack, Intensive Care Ward, Ketchen, Lung Disease, Medics, Negligence Claim, News Reports, Nhs Trust, Portsmouth, Queen Alexandra Hospital, Solicitor
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November 21st, 2008
The widow of a man who died from an asbestos-related cancer has received a compensation payout from his former employers.
Keith Russell, 64, who died from mesolthelioma, claimed that he had been exposed to the deadly building material during his time at a Royal Mail depot in Nottingham, the Evening Post reports.
Although the Royal Mail contested this, a coroner’s report concluded that his death was indeed caused by exposure to asbestos.
The company has now agreed upon an out of court settlement with his widow Lesley Russell to the sum of £155,000, although it still refuses to admit liability for her husband’s death.
"I would have liked them to admit liability because of everyone else, there are bound to have been others," Ms Russell commented, encouraging anyone who was exposed to asbestos at the same depot to come forward and make a claim.
Exposure to asbestos has been recognised as a health hazard since the early 1900s, although many workers were exposed to the substance decades after this.
If a person can prove they were exposed to asbestos at a place of work, they may be able to make a claim for compensation as a result.
Tags: Asbestos Cancer, Asbestos Case, Building Material, Coroner, Court Settlement, Decades, Early 1900s, Evening Post, Health Hazard, Keith Russell, Lesley, Nottingham, Royal Mail
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