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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Delay in Surgery Leads to Case Settled for £6,000

May 20th, 2011

In February 2010 *Julie* attended her local Accident and Emergency department in the midlands as she was suffering abdominal pain and vomiting. She was admitted with suspected kidney stones.

Four days later Julie underwent surgery to remove the kidney stones, however, during the surgery the surgeon found that he did not have the correct size scope to access and remove the stone and therefore had to insert a stent into Julie’s ureter so alleviate her pain. The plan was for Julie to return to hospital within three weeks to have the stent and the stone removed.

Julie had planned to go abroad to be married six weeks after her surgery and asked her surgeon whether this would still be OK. She was reassured that it would be because she would have her surgery within three weeks.

As Julie had not heard anything from the hospital before she was due to go abroad she decided to go. Unfortunately, before her wedding day she because to suffer such pain from the stent and remaining kidneys stones that she had to be prescribed very strong pain relief. As a result of which Julie has little memory of her wedding day.

On her return to England Julie contacted the hospital to chase her appointment for the second surgery, but was informed that she was not on the list. Julie chased this appointment every week as she was continuing to suffer considerable pain and discomfort.

Eventually, in June 2010 Julie was referred for the surgery, which was successful and resolved her pain and discomfort.

In October 2010 Julie contacted Amy Lynn at Pryers Solicitors. After initial investigations it was established that Julie should have been provided with the surgery within three weeks and that the delay in surgery had been caused by administrative errors.

A letter outlining the failings of the Defendant hospital and the effect on Julie was sent to the Defendant in February 2011. The Defendant responded making some admissions but denying that the surgeon had not had the correct instruments in theatre in February 2010. To compensate Julie for two months pain and suffering and the effect on her wedding day the Defendant offered £6,000 which Julie was happy to accept.

The Defendant also paid all of Julie’s legal costs so she kept 100% of her compensation and had nothing to pay throughout her case.

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Delay in providing physiotherapy leads to £50,000 settlement

February 18th, 2011

Paul was suffering from Dypuytren’s Contracture, a condition which affects the hands, causing thickening of the tissues and the fingers to bend into the palm, in his left (non dominant) hand.

Paul attended his GP and was referred to his local treatment centre in Milton Keynes in March 2009 and underwent surgery to release the contracture in May 2009. Paul was then discharged home with pain relief and told to rest and keep his hand elevated. He had also been advised by a nurse to wriggle his fingers.

Paul returned to the treatment centre to have his dressing changed and to have stitches removed on two separate occasions, at neither of these appointments was Paul referred for physiotherapy.

Three weeks following his surgery Paul was continuing to experience pain and swelling in his hand and went to his local Walk in Centre where he was reassured and discharged. At his next appointment at the treatment centre he mentioned this again but was just told to keep wriggling his fingers and that the wound was healing nicely.

Paul returned to his GP on a number of occasions and was referred for further appointments at the treatment centre. He was also referred to a Hand Therapy unit where he was given some exercises and treatments to carry out, but which he found very difficult and painful.

After several sessions Paul went back to his GP and was referred to a different consultant. At this appointment he was informed that he should have had physiotherapy, starting 48 hours after the surgery and that as a result of not having this, the hand had stiffened up.

Paul has since seen a number of specialists and has undergone treatment but continues to suffer pain and is unable to clench his hand in a fist.

Paul contacted Pryers in September 2009 and his claim was managed by Alex McKnight, a clinical negligence specialist. His claim was funded by way of a ‘no win no fee’ agreement.

Pauls claim was investigated and expert evidence was sought from a Consultant Orthopaedic Surgeon. With our investigations and this advice we submitted a Letter of Claim to the Defendant, who responded admitting breach of duty and offering £50,000 to settle in November 2010, which Paul was very happy to accept

The Defendant paid all of Paul’s legal costs so he had nothing to pay during or after the case and kept 100% of his compensation.

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Successful claim after cerebral spinal fluid leakage

April 13th, 2010

Problems can develop during child birthHere at Pryers solicitors in York we have completed a medical negligence claim on behalf of a client and won her £2,000. The case involved a client who, in the course of the birth of her first child, had an epidural (for pain relief) that pierced the dura in the spine and led to leakage of cerebral spinal fluid (CSF).  This was a recognised complication of the epidural but the mistake was made by the hospital staff failing to recognise that the client’s ongoing headaches were as a result of the leakage and to carry out blood patching. The mistake was compounded by the community midwives failing to refer her back to the Hospital to get it sorted out.  It was only about a month later that the client was referred back to the hospital and the patching carried out to relieve the headaches. This allowed the client to start to enjoy tending to her new-arrival.

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Widow sues after cancer misdiagnosis

April 16th, 2009

Widow sues after cancer misdiagnosis

A woman whose husband died of bowel cancer after he had been given the all-clear is to sue the medical centre where he received treatment.

Steve Davies, 47, was given a colonoscopy last year and was told that his cancer had cleared, ThisisSomerset.co.uk reports.

However, his condition worsened and he was operated on eight months later, which is when medics discovered three large tumours that he been present since 2004.

Tracey Davies said surgeon Ben Mak of Shepton Mallet Treatment Centre, Somerset, should have seen the tumours and could have made her husband’s life more pleasant in his final months.

She commented: "They couldn’t have done anything more for Steve but they could have given him some pain relief."

Ms Davies is now taking legal action for clinical negligence. Mr Mak has since resigned after it was revealed that another patient had suffered the same fate as Mr Davies.

Shepton Mallet Treatment Centre is a surgical Independent Sector Treatment Centre that provides 12,000 procedures a year for the NHS.


ADNFCR-1694-ID-19123687-ADNFCR

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