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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Trust faces compensation claim after hospital window accident

November 2nd, 2009

Trust faces compensation claim after hospital window accident

A hospital trust is facing a compensation claim after it was fined £10,000 when a vulnerable patient in its care fell out of a first-floor window and suffered serious injuries.

North East Essex Primary Care Trust admitted breaching Section 3(1) of the Health and Safety at Work Act after Charles Preston, a partially-sighted 68-year-old, suffered breaks to his shoulder, pelvis and coccyx when he fell.

The incident occurred at the Clacton & District Hospital in March 2008.

Following the court ruling, Mr Preston has announced his intention to sue the trust.

Kim Wicks, the Health and Safety Executive inspector who investigated the case, said the accident could have been avoided.

"The control measures, in this case window restrictors, to prevent this risk are easy to fit and maintain," she said.

Last week, the Herald reported that student Jonathan Harvey was going to sue Plymouth City Council after he fell 20ft through a broken fence on council property.
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Woman seeks legal action after fiance’s death

December 2nd, 2008

Woman seeks legal action after fiances death

A woman is seeking legal action after her fiance died during what should have been a routine operation.

Dr John Hubley, 58, went into Eccleshill Independent Sector Treatment Centre for a gall bladder operation.

However, during the procedure in January 2007, a major blood vessel was ruptured and Dr Hubley died from "torrential" blood loss.

A coroner ruled that the centre’s system for obtaining emergency blood was "globally flawed" and recorded a verdict of death by misadventure aggravated by neglect.

He said that Dr Hubley would most likely have survived if the operation had been performed at a better equipped hospital.

Dr Hubley’s fiancee Bren Neale said: "A catalogue of errors occurred in a system which failed to put safety first," adding that she is consulting with lawyers to look into making a compensation claim against the hospital trust.

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.

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Hospital trust pays £10,000 after admitting wrongful discharge

November 28th, 2008

Hospital trust pays � after admitting wrongful discharge

Nottingham University Hospitals has paid £10,000 to the family of four-month-old Ellie Behan, who died from a rare bowel condition less than two weeks after being discharged from Queen’s Medical Centre (QMC).

The Nottingham Evening Post reports that Ellie had shown signs of being seriously ill when she vomited green liquid in front of nurses, but the information was not passed on to doctors and the family were told they could take her home later that day.

She then became critically ill and died nine days later.

Ellie had initially been admitted for vomiting green liquid, but she vomited clear liquid in front of the doctor who first saw her, which indicated that her ailment was not as serious. Her case was then passed on to another doctor.

"We are deeply sorry that there were shortcomings in the care she received," commented trust spokesman Stephen Fowlie.

"Ellie should not have been discharged when she first came to the QMC."

The news comes as the Southport Visitor revealed that medical payouts by Southport and Ormskirk NHS Trust increased by 60 per cent over the last 12 months.ADNFCR-1694-ID-18901414-ADNFCR

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High court payout for boy injured at birth

November 14th, 2008

High court payout for boy injured at birth

A child who suffers from cerebral palsy as a result of his birth has been awarded a substantial sum of compensation at London’s high court.

Robert Feeney, now eight, was delivered at Blackpool Victoria Hospital in 2000, but became trapped during the delivery, the Blackpool Gazette reports.

He now suffers "problems at just about every level", including communication and mobility.

In a new development, the hospital has agreed to settle his claim for compensation after admitting 50 per cent liability for his injuries.

Robert will now be paid a lump sum of £1 million, as well as £40,000 a year until he is 19, then £78,000 a year for life after that.

A spokesperson for the hospital trust said: "The case has now been settled. The trust wishes Robert and his family all the very best for the future."

Compensation for brain damage is usually more substantial than that for other injuries since it must cover care for the remainder of the person’s life in most circumstances.

ADNFCR-1694-ID-18876547-ADNFCR

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