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.

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • NewsVine
  • Reddit
  • StumbleUpon
  • Google Bookmarks
  • Yahoo! Buzz
  • Twitter
  • Technorati
  • Live
  • LinkedIn
  • MySpace

Claim after delayed treatment

April 26th, 2010

Surgery can lead to clinical negligence claimsHere at Pryers solicitors in York we are pleased to detail another successful case. Our client had an anal fistula which was treated with insertion of a seton. There was then an unacceptable and substandard delay in further management and treatment, causing 18 months of PSLA (Pain, Suffering & Loss of Amenities). She finally received appropriate treatment which resolved the problem.

A medical negligence complaint was pursued to which we received an indifferent response. After obtaining the medical records and reviewing them, it seemed that the case looked very strong and causation was limited. The claim was valued at £5,000 – £10,000. A Letter of Claim was sent together with a Part 36 Offer for £15,000. We got a Letter of Response admitting liability with a counter offer for £10,000, which the client accepted today.

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • NewsVine
  • Reddit
  • StumbleUpon
  • Google Bookmarks
  • Yahoo! Buzz
  • Twitter
  • Technorati
  • Live
  • LinkedIn
  • MySpace

NHS payout for ‘aggressively resuscitated’ girl

October 20th, 2008

NHS payout for aggressively resuscitated girl

A young girl left with permanent disabilities has won the right to a compensation payout for the injuries she sustained.

Ayesha Canning-Kishver, now 11, was born prematurely in 1997, the BBC reports.

However, eight days later, doctors found the child in a serious condition in the intensive care facilities and she had to be resuscitated in a manner that was described as "aggressive".

In a new development, judges at the high court have ruled that if hospital staff had monitored Ayesha properly, the "drastic falls in the heart and respiratory rates" would have resulted in the child being seen by a doctor much earlier.

As a result of the brain damage she sustained, Ayesha will now receive a payout of £20,000 from Sandwell and West Birmingham Hospitals NHS Trust, as well as a further £30,000 to cover past expenses.

If sub-standard care during pregnancy or birth can be proved to have caused injury or disability, compensation can be sought to cover the costs of care to ensure an improved quality of life and financial security for the lifetime of the child.

Usually, expert medical opinion will be required on the standard of care received and this will be based on clinical examination and the medical records of the mother and baby.

ADNFCR-1694-ID-18833702-ADNFCR

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • NewsVine
  • Reddit
  • StumbleUpon
  • Google Bookmarks
  • Yahoo! Buzz
  • Twitter
  • Technorati
  • Live
  • LinkedIn
  • MySpace

Child receives ’substantial payout’ for brain injury

October 14th, 2008

Child receives substantial payout for brain injury

A young boy who was left severely brain damaged when he was starved of oxygen at birth has received a compensation payout from the hospital his mother claims was responsible.

Aidan Farley-Walsh, now nine, was born at Southend Hospital in 1999, but was left blind and with cerebral palsy after suffering "catastrophic" brain damage, the Essex Echo reports.

His mother Tina launched legal action, claiming that staff at the hospital should have delivered him by Caesarean section sooner.

Although the hospital denied liability, it has now agreed an out-of-court settlement with the family and its legal representatives.

Aidan has now been paid an undisclosed sum of compensation in the form of annual payments to cover his long term care.

If sub-standard care during pregnancy or birth can be proved to have caused cerebral palsy, compensation can be sought to cover the costs of care to ensure an improved quality of life and financial security for the lifetime of the child.

Usually, expert medical opinion will be required on the standard of care received and this will be based on clinical examination and the medical records of the mother and baby.
ADNFCR-1694-ID-18825215-ADNFCR

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • NewsVine
  • Reddit
  • StumbleUpon
  • Google Bookmarks
  • Yahoo! Buzz
  • Twitter
  • Technorati
  • Live
  • LinkedIn
  • MySpace