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.

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Allergic Reaction to Antibiotics Results in Settlement for Client

May 20th, 2011

In May 2008 *Sarah* attended her GP as she was suffering a sore throat. It was suspected that she had tonsillitis and was prescribed erythromycin.

The following day she had developed a rash on her hands and feet so she returned to see the practice nurse. She was advised to stop taking the antibiotics. Over the next few days the rash disappeared.

In November 2008 Sarah was suffering another sore throat so went back to her GP. She was given erythromycin once more, despite informing her GP that she had previously had a reaction to that medication. She was told to return if she had any problems.

The following day she developed a rash with blisters and pus over her arms and legs. She saw a different GP who told her to stop taking erythromycin and prescribed another antibiotic.

One day later the rash had got worse so Sarah attended her local Accident and Emergency department. Sarah was advised that the rash was due to an adverse reaction to erythromycin and she should stop taking all medication.

Sarah returned four days later and it was noted that she had made some improvement but continued to have some superficial scarring. In total it took approximately three weeks for the rash to subside.

Sarah contacted Ian Kirwan, a specialist clinical negligence solicitor at Pryers Solicitors, to investigate her case on a no win no fee agreement.

After investigations allegations were put to the defendant who responded to say that the majority of GPs would not review previous records and therefore Sarah’s GP had not acted negligently. Expert evidence was obtained which advised that all GPs have a duty to review past medication and any recorded adverse reactions and therefore there was a clear breach of the GPs duty of care.

The arguments from the expert were put to the defendant along with an offer of £2,000 to settle the case. The Defendant made a counter offer of £500 and the case was finally settled for £1,250, which Sarah was pleased to accept along with the Defendant paying all of her legal costs so she kept 100% of her compensation.

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Failed Sterilisation Procedure Results in £12,500 Settlement for Client

May 20th, 2011

In March 2008, following the birth of her third child, *Hannah* underwent a sterilisation procedure at her local hospital in Lancashire. Following the surgery Hannah was discharged home and believed that the surgery had been successful.

However, in March 2009 Hannah found that she was pregnant once more and that the foetus was approximately eight weeks old. She made the difficult decision to undergo a termination procedure which was carried out seven days later under general anaesthetic.

After returning home Hannah found that she was passing small blood clots and therefore contacted the Gynaecology department of her hospital. It was found that some parts of the pregnancy had not been removed during her termination procedure and that therefore Hannah would require further surgery under general anaesthetic to remove these retained products of conception.

Hannah was keen to find out why her sterilisation had failed and underwent a diagnostic procedure which found that one of the clips on her fallopian tube had slipped out of place and that therefore only one tube was sterilised, leaving the other working fully and allowing Hannah to become pregnant.

Hannah suffered considerable mental and physical trauma as a result of the failed sterilisation and necessity for two procedures under general anaesthetic, which she struggled to come to terms with.

In April 2009 Hannah contacted Anna Renfree, a specialist clinical negligence solicitor at Pryers Solicitors. Investigations into the case were commenced and in September 2009 a letter outlining the allegations of the hospitals failings was sent to the Defendant.

The Defendant responded, admitting that they had failed in their duty of care to Hannah. Negotiations to settle the case commenced and in April 2011 Hannah was pleased to accept an offer of £12,500 in addition to a formal apology from the Defendant.

The Defendant also paid all of Hannah’s legal costs so she had nothing to pay for her case and kept 100% of her compensation.

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DVT Developed Following Surgery Leads to £5,000 Settlement

May 20th, 2011

*Claire* had a history which included previously developing a DVT during a surgical procedure in 1984.

In January of 2010 Claire required further surgery as she had developed stress incontinence. At her pre-operative assessment she was not assessed for risks of Venous Thrombo Embolism. The surgery was carried out and Claire was discharged home the following day.

Ten days later Claire attended her GP complaining of pain in her calf. Her GP suspected that she had developed a DVT and admitted her to hospital for investigations.

Claire was treated with compression stockings and anoxaparin and clexane until she had a CT scan which showed a thrombus in two of her veins in her lower leg.

Claire commenced warfarin treatment which continued until June 2010.

Claire contacted Alex McKnight at Pryers Solicitors in January 2010. Her claim was investigated and in October 2010 allegations were put to the Defendant that Claire should have been assessed for DVT risks prior to surgery, and should have been given a shot of clexane following surgery to minimise the risk of any DVT developing.

The Defendant admitted this and apologised for their omission. Negotiations to settle the case commenced and in April 2011 the Defendant made an offer to settle of £5,000 which Claire was happy to accept.

The Defendant also paid all of Claire’s legal costs so she kept 100% of her compensation.

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Delayed Referral for Chest X-Ray Leads to Client Suffering a Pulmonary Embolus.

May 20th, 2011

In April 2005 *Richard* started to suffer from chest pain and shortness of breath. He went to his GP the following day and was diagnosed with ‘musculo-skeletal pain’ in the right side of his chest.

The day after visiting his GP Richard started to cough up blood which continued for two days. On the second day of coughing blood Richard telephoned NHS Direct who advised him to attend his local hospital in the North East of England and to see an out of hours GP at the hospital.

On examination at the hospital Richard told the GP that he had a tight chest and was coughing up blood. He was informed that he may have a fever and was given a form to take back to his usual GP along with some pain relief.

Richard returned to his usual GP at the start of May 2005 and was referred for a chest x-ray on a routine basis, which was due to take place in June 2005.

When Richard arrived at the hospital for his chest x-ray he collapsed and was therefore admitted as an emergency patient. He underwent a number of tests and scans and was diagnosed with a large pulmonary embolus.

Richard was admitted to hospital for treatment and discharged three weeks later.

Richard contacted Alex McKnight at Pryers Solicitors in August 2008 having previously instructed another firm who had started proceedings and obtained reports from independent medical experts.

Following lengthy investigations it was found that Richards GP should have referred him for an urgent chest x-ray in April 2005, however, other than Richard requiring a lengthy stay in hospital, the delay had not caused any further injury.

Negotiations to settle commenced in November 2010 and in March 2011 the Defendant put forward an offer to settle for £7,000 which Richard was happy to accept.

The Defendant also paid all of Richard’s legal costs so he received 100% of his compensation and had no costs to pay.

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