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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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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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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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.

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Case Settled for £8,000 Following Failed Foot Surgery

May 20th, 2011

*Brian* had suffered from osteoarthritis for a number of years, as a result of which had developed a lump on his big toe which was causing him pain and difficulty walking.

In 2003 it was decided that it would be necessary for him to undergo surgery to shave the lump from the toe and free the joint, therefore improving Brian’s mobility and alleviating his pain. This procedure was carried out at Brian’s local hospital in the midlands.

However, in 2006 the lump returned for a second time and Brian was advised that he would require surgery to remove the lump once more and to fuse the toe joint with a screw to prevent any movement of the toe.

A few months later Brian noticed that he could still move his toe and he was still suffering pain as before the surgery, so returned to see his surgeon. He was informed that a plate would need to be inserted into the joint to prevent its movement.

In May 2007 Brian was admitted for the surgery to insert the place. It was planned that the screw inserted in 2006 would be removed and the plate would be inserted in its place. Unfortunately the surgeon was unable to operate due to lack of theatre time, and Brian was discharged home without surgery on instructions to return for an outpatient appointment.

The next appointment took place in July 2007 and Brian was informed, much to his surprise, that he would not need the surgery. Brian was continuing to suffer extreme pain and was very distressed by this.

Brian then decided to seek a second opinion at a different hospital and in December 2007 the screw inserted in 2006 was removed in stage one of the surgery. In June 2008 Brian returned to have the surgery completed which involved a three hour operation to insert a plate and screws. He remained in hospital for three days following this.

Following his surgery Brian was informed that the surgeons had found no evidence of fusion in 2006 and that he should not have been discharged by his original surgeon in 2007.

In July 2009 Brian contacted Ian Kirwan, a specialist clinical negligence solicitor at Pryers Solicitors. After initial investigations a letter outlining the allegations was put to the Defendant, who responded denying liability in full. Advice was then sought from a Consultant Orthopaedic Surgeon and a further letter was sent to the Defendant outlining the holes in their argument along with an offer to settle the case.

Finally, the Defendant admitted that they had breached their duty of care to Brian and the case was settled for £8,000 plus Brian’s legal costs. Brian was happy to accept this offer and had nothing to pay in his case so kept 100% of his compensation.

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