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.
Tags: Accident And Emergency, Bull Terrier, Clinical Negligence, Debridement, Dog Bite, Dominant Hand, Emergency Medicine, Fracture, Hand Surgeon, Hospital Trust, Intravenous Fluids, Local Hospital, Medical Records, Plastic Surgeon, Sleeping Through The Night, Solicitor Specialising, Staffordshire Bull Terrier, Unwell, X Ray, X Rays
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July 1st, 2011
Pryers Solicitors have been instructed to investigate a potential product liability claim concerning the Biomet Ankle Evolution System (“AES”) ankle replacement components.
The AES was designed and manufactured by a French company called Transysteme SA, but imported to the UK and marketed under the Biomet name. The joint consists of two metal components, made of a cobalt/chromium alloy, with a polyethylene floating bearing sandwiched between them.
In 2004, the Leeds Teaching Hospitals NHS Trust received funding from Biomet to become a “centre of excellence” in the use of the AES ankle and many patients in the Yorkshire area were fitted with the joint.
Initial results were thought to be encouraging, but by 2009, reports were emerging that the joint was associated with a very high rate of osteolysis. This occurs when the body detects tiny particles of foreign material and reacts against them, also causing damage to healthy bone. The bone becomes soft and gradually disintegrates.
Some studies have reported osteolysis occurring in more than 50% of patients with this particular product. In some cases, the osteolysis can be seen on x-ray but causes the patient no symptoms. In other cases, it can lead to failure of the joint and destruction of the bones around the ankle. In the most extreme cases, it has required amputation of the lower leg.
The AES joint was withdrawn from the market in the UK, but was not subjected to any formal action by the medical product authorities. However, it continued to be sold in France, under the Transysteme name, until being formally recalled by the authorities in January 2011.
Pryers are now working with some of the world’s leading experts in ankle surgery to determine whether the AES is defective and whether the problems encountered could and should have been identified before the product came onto the market.
If you have suffered problems with a Biomet AES ankle replacement, please contact Richard Starkie on 01904 556600 or by email at richard.starkie@pryers-solicitors.co.uk.
Tags: Amputation, Ankle Replacement, Ankle Surgery, Biomet, Centre Of Excellence, Chromium, Extreme Cases, French Company, Initial Results, Medical Product, Metal Components, Osteolysis, Polyethylene, Product Liability Claim, Replacement Components, Solicitors, Teaching Hospitals, Tiny Particles, X Ray, Yorkshire Area
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May 20th, 2011
In April 2009 *Susan* attended her local hospital in the midlands for surgery to repair a hiatus hernia. The surgery itself was uneventful and she awoke from general anaesthetic as expected. Susan was then transferred to a ward, where she did not have any form of hand-over or orientation.
The following morning Susan was in a lot of pain and was prescribed morphine tablets. A short while after taking this Susan began to feel nauseous and had a sudden urge to use the toilet. Susan called for a nurse who told her to wait a minute before going away and not returning.
As Susan was desperate to use the toilet she got out of bed and walked across her room to the toilet. She made her way into the toilet cubicle before fainting. When she regained consciousness she was lying on the floor of the bathroom and had a considerable pain in her ankle.
A nurse then came into the bathroom and found Susan on the floor she was helped back to bed before being sent for an x-ray of her ankle. It was confirmed that Susan had fractured her ankle in a number of places and required surgery to fix the fracture, this was carried out the same day and Susan remained in hospital for a further ten days following surgery.
Susan remained non-weight bearing and in a wheelchair for a total of four weeks and in plaster until June 2009. Susan commenced physiotherapy in July 2009 but continues to have difficulties walking and to have pain in her ankle, especially in cold or damp weather.
In April 2009 Susan contacted Anna Renfree, a specialist clinical negligence solicitor at Pryers Solicitors. Investigations were made into her case and expert evidence was obtained from a care expert on Susan’s mobility difficulties and care needs.
Allegations of the Defendant’s breach of their duty of care were put to the Defendant and this was admitted. Further evidence was then obtained from a Consultant Orthopaedic Surgeon regarding Susan’s current condition and prognosis. This allowed for detailed valuation of the claim and negotiations to settle commenced.
An offer to settle the case for £12,000 was made by Susan, which was rejected, but after some negotiation Susan was happy to settle the case for £11,000 plus all of her legal costs so she kept 100% of her compensation.
Tags: Allegations, Clinical Negligence Solicitor, Current Condition, Damp Weather, Defendant, Duty Of Care, Expert Evidence, Fracture, General Anaesthetic, Hiatus Hernia, Local Hospital, Lying On The Floor, Mobility Difficulties, Morphine, Nauseous, Plaster, Prognosis, Solicitors, Toilet Cubicle, X Ray
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October 29th, 2009
A girl who went blind after doctors failed to spot a brain tumour has been awarded £1.5 million in compensation.
Tatum Rock, now 16, went into King George Hospital in Essex after banging her head in a fall in 1999.
She had X-rays, but was sent home when the radiologist missed a large brain tumour. Although the condition came to light four months later and she had corrective surgery, it was too late to save her sight.
An investigation revealed that had the X-ray been read properly, the victim would have had surgery immediately and her sight would most likely have been saved.
Tatum took legal action against Barking, Havering and Redbridge University Hospitals NHS Trust, which has now admitted liability for the misdiagnosis and agreed to the payout.
Hospital bosses apologised for the failings and wished Tatum well for her future at university.
Research from Imperial College London recently revealed that as many as one in six NHS patients are being misdiagnosed by either GPs or hospital staff.
Tags: 5 Million, 5m, Barking Havering And Redbridge, Brain Tumour, Corrective Surgery, Doctors, Essex, Four Months, Gps, Havering, Hospital Staff, Hospitals Nhs Trust, Imperial College London, Misdiagnosis, Nhs Patients, Radiologist, University Hospitals Nhs Trust, X Ray, X Rays
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