August 26th, 2011
In August 2009 *Rachel* underwent a breast enlargement procedure at a private cosmetic clinic in London.
Unfortunately, during the procedure the performing surgeon removed excessive tissue when forming the left implant pocket. This occurred when electrically induced heat was used to seal a bleed within the pocket. The removal of the excessive tissue did not perforate the skin but it did reduce the underlying tissue.
Although the burn that resulted on the surface of the skin healed after approximately three months, Rachel was left with a small round visible scar on the upper inner side of her left breast, directly on her cleavage. The scar was similar in appearance to a cigarette burn and measured 1.5 centimetres in diameter.
In September 2009, Rachel contacted Laura Turner, a solicitor specialising in clinical negligence at Pryers Solicitors.
Investigations into the case were made and an expert opinion from a Consultant Plastic Surgeon was sought. The expert evidence was supportive of the case and critical of the way in which the procedure had been carried out.
In July 2011, the Defendant put forward an offer to settle for £2,500 plus costs, which started negotiations. The Defendant eventually settled the claim for £4,250 plus costs.
Tags: Appearance, Breast Enlargement, Cigarette Burn, Cleavage, Clinical Negligence, Consultant Plastic Surgeon, Defendant, Diameter, Expert Evidence, Investigations, Laura Turner, Left Breast, London, Negotiations, Solicitor Specialising, Solicitors, Three Months, Visible Scar
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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 19th, 2011
In September 2006 *Maria* underwent a hysterectomy at her local hospital in the North East. During the operation Maria’s right urethra was damaged but was not discovered until sometime after the operation when she began to feel unwell and suffer from right sided pain. It was not until some ten days later that a leak from the urethra as well as an obstruction was identified.
In September 2009 Maria contacted David Sears, a solicitor specialising in clinical negligence matters at Pryers Solicitors.
Investigations were undertaken and expert evidence was obtained from a Consultant Gynecological Surgeon and a Consultant Neurologist. Both were in agreement that although the damage that was caused to the urethra was noted as a potential complication on the Consent Form, Maria had a normal anatomy and the Surgeon would have had a good surgical field of vision during the operation.
The Defendant commenced investigations shortly prior to the Defence being due and an early settlement offer of £10,000 was made. Maria happily accepted the offer given that she did not have any ongoing problems as a result of the negligence.
Tags: Anatomy, Clinical Negligence, Consent Form, Consultant Neurologist, David Sears, Defendant, Early Settlement, Expert Evidence, Field Of Vision, Hysterectomy, Investigations, Local Hospital, Solicitor Specialising, Solicitors, Urethra
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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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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.
Tags: Abcess, Adhesions, Admission, Allegations, Clinical Negligence, Consultant Gastroenterologist, Crohn S Disease, Defendant, Disease Diagnosis, Expert Report, Exploratory Surgery, Fistulas, Hemicolectomy, Investigations, Laura Turner, Local Hospital, Period Of Time, Severe Abdominal Pain, Solicitor Specialising, Solicitors
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