FAILURE TO MAKE A REFERRAL FOR A SUSPICIOUS MOLE

August 22nd, 2011

In September 2008, *Simon* attended his local GP Surgery complaining of a mole on his chest which had changed in size and which he was worried about. He was assured by his local GP that it was nothing to worry about.

However, over time the mole continued to grow, bleed and change in appearance. Simon re-attended his GP in November 2009 by which time the mole was nearly twice the size it previously was. In addition, it was also bleeding and irregular.

A referral was then made to a specialist at Simon’s local Hospital and a diagnosis of a malignant melanoma was made. Simon ultimately underwent excision of the melanoma but the cancer had proportionately spread to his brain, lungs and chest wall.

In February 2010, Simon contacted David Sears, a solicitior specialising in clinical negligence matters at Pryers Solicitors.

Investigations into the case were commenced and an expert opinion from a GP was obtained. The expert evidence was extremely supportive of the case on the basis that the Defendant had failed to make an urgent referral despite Simon presenting with classic signs of skin cancer.

Further expert evidence ws obtained from a Consultant Dermatologist who confirmed that had the cancer been detected sooner, then Simon would have had a greater life expectancy.

In July 2011, the Defendant’s insurers made an offer to settle of £45,000 plus costs. David Sears then entered into negotiations with the Defendant’s insurers and reached a settlement of £65,000 plus costs, which Simon was extremely happy to accept in full and final settlement.

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Wrongly reported smear test claim settled for £235,000

February 18th, 2011

In January 2005 Jill went to her GP complaining of vaginal discharge and bleeding.

She was referred to hospital for investigations. At the hospital a number of investigations were carried out in April 2005, including a cervical smear test. The cervical smear was reported as normal. In fact the test was abnormal. It showed evidence of a severe cell change.

In November 2006 Jill returned to her GP complaining of heavy periods and inter-menstrual bleeding. She was referred to the hospital and was seen later that month. Following investigations by a specialist Jill was diagnosed with cervical cancer.

Jill underwent radiotherapy and chemotherapy in January and February 2007 and brachytherapy in February 2007. Jill then also started to suffer anxiety and depressive illness for which she was treated with medication and counselling.

It appeared that Jill was responding well to treatment and was referred back to the care of her original hospital.

However, in January 2008 Jill returned to her GP complaining of back pain and was referred to hospital for investigations. These investigations revealed that her cancer had returned, and spread to her lungs.

Jill underwent surgery on the lung during August 2008 and surgery by way of pelvic exoneration in October 2008, following which she required a permanent colostomy and had to self-catheterise.

Jill became unable to work and required a high level of care and assistance from her family.

Jill contacted Alex McKnight, a clinical negligence specialist at Pryers to investigate what had happened and help her with her future needs. Her case was funded by a ‘no win no fee’ agreement.

Our investigations showed that the cervical smear test done by the hospital in April 2005 had been reported wrongly and that had this been reported correctly Jill would have been treated by way of hysterectomy, and, on the balance of probabilities, would have led to a complete cure. We obtained expert evidence from a Consultant in Clinical Oncology

The Defendant admitted in June 2009 that they had breached their duty of care owed to Jill but did not admit that this breach of duty had led to Jill’s subsequent pain and additional treatment.

The Defendant eventually admitted that its breach of duty had caused Jill’s ongoing problems and offered an interim payment of £30,000 and asked for information to consider the full value of the claim, which we provided.

On the basis of this information the Defendant offered £235,000 to settle the claim in October 2010, which Jill was happy to accept.

The Defendant also paid all of Jill’s legal costs so she had nothing to pay throughout the case or at the end.

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Injured paperboy in line for compensation

October 26th, 2009

Injured paperboy in line for compensation

A paperboy who suffered a brain injury after being hit by a lorry has been told he is entitled to compensation.

Joshua Smith had applied for the position at the Co-op in Staffordshire just after his 13th birthday in 2005, the Staffordshire Sentinel reports.

However, days after beginning the job, he was hit by a vehicle being driven by Mark Hammond.

The victim suffered a fractured pelvis, an open head wound, a ruptured kidney, bruised lungs, cuts and bruises and a brain injury.

He now has short-term memory problems and is likely to need care later in life.

This week, a judge deemed that Mr Hammond was partly responsible for the accident as his brakes were faulty.

The amount of compensation Joshua will be entitled to is to be decided at a later date.

According to the Department for Transport, there were 28,572 people killed or seriously injured on Britain’s roads in 2008.
ADNFCR-1694-ID-19425886-ADNFCR

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Sutton man seeks compensation after workplace accident

September 28th, 2009

Sutton man seeks compensation after workplace accident

A man is suing his former employers for compensation after suffering terrible injuries in a workplace accident.

Joseph Pathmananthan, 61, was working at the Cannon Hygiene Factory in October 2007 when the incident occurred, the Wandsworth Guardian reports.

He had been trying to repair a machine that sorts soiled towels when a faulty part weighing 80kg fell on top of him.

Mr Pathmananthan suffered injuries to his legs, ribs, spine, shoulder and lungs and was in a coma for 17 days. He also needed skin grafts to save his legs.

An investigation discovered that the victim was in charge of health and safety at the factory, even though he had never been trained. OSG Group, which owns Cannon, was fined for contravening the Health and Safety at Work Act and Mr Pathmananthan is now seeking compensation from the firm.

Statistics from the Health and Safety Executive show that six million working days were lost due to injury in 2007-08.
ADNFCR-1694-ID-19381546-ADNFCR

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Compensation for brothers poisoned by iron

August 5th, 2009

Compensation for brothers poisoned by iron

Two brothers who were treated for a rare form of anaemia are to receive compensation after they both ended up with iron overdoses.

According to the BBC, Liam McNeely, 35, and his brother Paul, 39, both had blood transfusions at the Royal Liverpool Hospital.

However, in 2001, the siblings were both diagnosed with iron overload – Liam’s iron levels were 5,000 mg when the normal amount is between 30 and 100 mg.

"It turned out it was caused from having too many blood transfusions without having the necessary treatment. I was in shock," Liam remarked.

He now suffers from diabetes and osteoporosis, while Paul needs constant care from care workers and his parents.

In a new development, the hospital has agreed to an undisclosed payout after an eight-year legal battle and has admitted liability for the brothers’ injuries.

Iron is needed to carry oxygen around the body, but when too much of it gets into the bloodstream, it can damage the stomach, liver, kidneys, lungs, blood vessels and brain, Healthoma attests.

ADNFCR-1694-ID-19297667-ADNFCR

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