Here in York at Pryers solicitors a settlement was agreed in the case of a woman who had a knee replacement operation. After the operation had been carried out she complained that she was suffering from a foot drop. Her complaints were not heeded by the hospital staff and the opportunity to operate again to repair the nerve damage was lost. The Defendant hospital, through the NHS Litigation Authority, denied liability for a long time. Eventually liability was conceded not on the basis that the operation had been carried out negligently but that they should have re-operated and this could have potentially repaired the nerve damage. After negotiations a settlement was agreed in the case in the sum of £18,000 reflecting mainly General Damages for the pain, suffering and loss of amenity. There were no loss of earnings because the woman was already retired from work.
Medical negligence claim to lead to seven-figure payout
September 9th, 2009
A recycling worker from Wiltshire is in line for a seven-figure compensation payment after a botched neck operation left him severely disabled.
Michael Hart underwent surgery to remove a compressed disc at John Radcliffe Hospital in Oxford in September 2008, in what should have been a routine procedure.
However, an error by surgeons led to complications which caused irreversible damage to Mr Hart’s spinal cord.
As a result, he is now confined to a wheelchair, with only limited movement in his hands.
Following his release from hospital in April this year, he began a medical negligence claim against Oxford Radcliffe Hospital NHS Trust, which has now admitted full liability for the mistake made by its staff.
A compensation figure is still to be agreed, but it is almost certain to be more than £1 million, as it will take into account loss of earnings and the cost of long-term care for Mr Hart.
The news comes after the NHS Litigation Authority’s annual report revealed the health service spent £807 million to settle compensation claims in the 2008-09 financial year.
Nottingham family paid £150k compensation following misdiagnosis
September 7th, 2009
Nottingham University Hospitals NHS Trust has paid £150,000 compensation to the family of a man who died after staff failed to diagnose a serious heart condition.
David Whittaker, 61, died after suffering a torn artery, a condition known as aortic dissection.
However, staff at Queen’s Medical Centre failed to spot this when he went to the hospital after complaining of chest pains.
Staff carried out some tests on Mr Whittaker, but did not undertake an electrocardiogram – a scan which may have identified the condition and enabled doctors to treat it appropriately.
He was discharged from hospital, but died the following day.
Mr Whittaker’s widow pursued a medical negligence claim against the trust, which admitted there had been shortcomings in his treatment and agreed a settlement, which included the six-figure compensation payout.
"[The settlement] accepts that an inappropriate failure to diagnose and treat her late husband’s aortic dissection on July 24th 2006 and that, had appropriate treatment been provided, her late husband would probably have survived," a spokesman for Nottingham University Hospitals NHS Trust said.
News of the payout comes just weeks after the NHS Litigation Authority revealed the NHS spent £807 million to settle compensation claims in 2008-09.
Sisters sue for clinical negligence after father’s death
April 7th, 2009
Two sisters are campaigning for a fair sum in compensation after their father died in hospital as a result of what they claim was clinical negligence.
Peter Rose, 64, was supposed to have a CT scan on his abdomen in July 2008, but this did not take place, Kent Online reports.
Instead, staff at Medway Maritime Hospital used a scan that had been taken in 2006 and which did not show Mr Rose’s bowel obstruction.
Mr Rose consequently died of a twisted intestine and a heart attack, which Tammy Reeder, 25, and Naomi Rose, 21, claim would not have happened had the CT scan taken place.
The NHS Litigation Authority has admitted that Medway NHS Foundation Trust "breached its duty of care" to Mr Rose and has offered £15,000 in compensation, which the two sisters have rejected.
Instead, they are campaigning for an inquest and an investigation by the Health Care Commission.
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.
Anyone who has suffered as a result should seek the advice of a solicitor.
Man receives compensation for undiagnosed fertility problem
March 13th, 2009
A man who may be unable to have children after a delay in the treatment of a fertility problem is to receive compensation.
Leon Whitworth had an accident in December 1999 which ruptured his urethra. A subsequent investigation found that he had a particularly low sperm count and may be unable to have children.
"Most men have 20 million sperm cells but I have only three, not three million, just three," he commented.
Although Mr Whitworth thought his fertility problem occurred when doctors did not adequately treat his urethra, his solicitors found that a delay in treatment of an undescended testicle when he was eight is likely to have reduced his ability to father children.
He launched a negligence claim against the Norfolk and Norwich Hospital and has now received £25,000 in compensation in an out-of-court settlement, which is to be used to pay for IVF for him and his partner.
A spokesperson for the NHS Litigation Authority – which was established in 1995 and is responsible for handling negligence claims made against NHS bodies in England – declined to comment on the specifics of the case.
