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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£4.5 million payout for boy ‘failed’ by hospital

October 26th, 2009

£4.5 million payout for boy failed by hospital

A 14-year-old boy has been awarded compensation for clinical negligence after a hospital admitted that its failings caused his cerebral palsy.

The unnamed victim was born prematurely at Billinge Hospital, but staff failed to properly administer ventilation, the Manchester Evening News reports.

He is now wheelchair-bound and will need round-the-clock care for the rest of his life.

The child’s parents took legal action against Wigan and Leigh NHS Foundation Trust and – after an 11-year legal battle – have now been awarded compensation that will allow them to specially adapt their home for their disabled son.

"The trust very much hopes that the compensation monies will provide life-long security and enable the individual to fulfil their potential," a spokesperson for the hospital said.

According to figures published by Scope, approximately one in 400 babies in the UK is born with cerebral palsy every year. This may be caused by a blocked blood vessel, complications in labour, extreme prematurity or illness just after birth.
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Woman with cerebral palsy secures compensation for negligence

July 29th, 2009

Woman with cerebral palsy secures compensation for negligence

A woman who was left brain damaged due to errors at her birth has been awarded compensation to cover her long-term care.

Lucy Jones, now 24, was born at the former Princess Margaret Hospital in Swindon in February 1984, the Swindon Advertiser reports.

Although her mother was suffering problems, staff did not make the decision to carry out a Caesarean until 04:15 GMT, by which time Lucy had been starved of oxygen.

A subsequent investigation found that the operation could have been performed by 01:30 GMT in order to make the situation safer for the baby.

Lucy’s family took legal action against the Avon, Gloucester & Wiltshire Strategic Health Authority, which has now admitted liability and agreed to pay a seven-figure sum that should pay for Lucy’s care needs for the rest of her life.

According to Scope, approximately one in four children is born with cerebral palsy in the UK.

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£1.3m payout for girl with cerebral palsy

July 15th, 2009

ٟ.3m payout for girl with cerebral palsy

A girl who suffers from cerebral palsy after being the victim of what was later described as a "negligent birth" has been awarded a multi-million pound compensation settlement.

Abigail Thomas, now six, was born at St Mary’s Hospital in Portsmouth, but errors by medical staff meant that she was starved of oxygen.

She went on to develop quadriplegic cerebral palsy and now needs constant care to deal with her physical impairments, the Portsmouth News reports.

Through her mother Jacqueline, Abigail sued Portsmouth Hospitals NHS Trust for clinical negligence. It admitted liability and has now agreed to a compensation settlement of £1.3 million.

This will cover the cost of carers for Abigail, including a night-time helper to relieve her parents.

Nick Block, spokesperson for the NHS trust, said: "We hope that this settlement will provide financial security and help to lift the family’s burden."

According to Scope, there has been a slight increase in the proportion of children who have cerebral palsy in recent years – approximately one in every 400 children is affected.
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Millions of pounds awarded to girl injured at birth

May 11th, 2009

Millions of pounds awarded to girl injured at birth

A child who was left with cerebral palsy after hospital staff failed to deliver her quickly enough has been awarded millions of pounds in compensation.

Elise Frith, now six, was born at Milton Keynes Hospital, but although her mother Yelena had been suffering from abdominal pains, an emergency Caesarean was not performed until more than two hours after a problem was detected.

The child was deprived of oxygen and now has mobility and communication problems as a result of her cerebral palsy, Milton Keynes Today reports.

Milton Keynes Hospital admitted that its staff had been negligent in not taking Ms Frith in for surgery sooner and this week approved a compensation payout that, although confidential, is believed to amount to millions of pounds.

According to the charity Scope, one in every 400 children in the UK is born with cerebral palsy.

This is most commonly the result of failure of a part of the brain to develop and can be caused by a lack of oxygen in the womb, as was the case here.

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