Clinical / Medical Negligence Case Studies

Compensation for Nurse's Negligence

Our client had been suffering with minor foot pain for some weeks and attended an appointment at their GP surgery. They were asked if they had any allergies, and they confirmed they had suffered a previous reaction to aspirin and suffered with severe asthma.

An anti-inflammatory drug, Naproxen, was prescribed on reassurance they would be okay to take these. Unfortunately, after just one dose our client suffered an anaphylactic attack requiring resuscitative measures and hospital treatment overnight. For approximately 12 months they suffered with extreme anxiety, feeling weak, insomnia, visibly shaking with palpitations and tearfulness. Whilst this reduced slightly, it remains to this day to affect their working and social life with a continued fear of anaphylactic shock and being terrified of medical procedures.

Medical expert opinion from a GP and a nurse confirmed Naproxen was not the appropriate medication to prescribe in a very severe asthmatic patient. A Respiratory medicine and consultant respiratory physician confirmed that our client suffered with an acute, relatively short-lived, reaction with no lasting respiratory effects. A psychologist diagnosed generalised anxiety disorder and recommended cognitive behavioural therapy to focus on sleep insomnia issues, palpitations and nightmares with an expectation that the symptoms would remain for life, but at a mild-level, following treatment.

A final settlement was reached following proceedings and was made up of compensation for both the injury and financial losses suffered.

COMPENSATION FOR general care NEGLIGENCE

Our client sought damages in relation to treatment and general care she had received from a nurse, specifically in respect of wounds being bandaged.

The nurse had attended to dressing changes regarding an ulcer and was not adequately changing her bandages, changing them in an unclean and unhygienic environment, did not wear gloves, pulled the bandages too tight over the Claimant’s wound and left areas uncovered. As a result, the healing became prolonged. Following liability on behalf of the nurse being denied, Court proceedings were commenced.

The Trust did not initially fully investigate our client’s injuries, resulting in protracted proceedings over the course of around 5 years.

The matter was eventually settled at mediation, whereby the Claimant received an apology and was awarded a significant figure for the additional pain and suffering caused.

compensation for negligence in medical trial

Our client in this matter sought damages on behalf of treatment received by their late father.

The Claimant’s father had been diagnosed with cancer and was subsequently asked to take part in a clinical trial. He was advised that the trial would be over a five-year period, following surgery for removal of the tumour to see if it prevented the cancer returning within a five-year period.

Within a few months he began experiencing symptoms of vomiting and heavy bleeding which resulted in admission to the ICU and so all treatment in relation to the trial was stopped. He then suffered from a bleed and was therefore admitted to hospital; he continued to suffer from internal bleeding for the remainder of his life, and a few years later died as a result of this.

Enquiries were made as to who had been responsible for the trial, be this the manufacturers of the drug used or the local Trust, and Court proceedings were commended to enable the claim to be concluded on behalf of the estate.

A final settlement was reached following proceedings.

COMPENSATION FOR GP’S NEGLIGENCE

The Claimant in this matter sought damages in relation to an ongoing clinical negligence claim.

They had been attending their local GP since 2014, regarding a lump, where they were initially referred to dermatology. The Claimant was reassured that this was nothing to worry about and that no further action was necessary. They attended regularly as the lump got progressively worse, and in late 2016 was again referred to dermatology. Eventually, the Claimant was diagnosed with cancer and was told that they required surgery.

Liability was admitted at an early stage and the claim settled without the need for Court proceedings.

At the time of settlement, he confirmed that it was a relief to obtain some form of closure, in that somebody admitted to being responsible for what had happened to him.

COMPENSATION FOR Pharmacy NEGLIGENCE

Our client sought damages in relation to treatment received by her Mother-in-Law.

The client’s Mother-in-Law had received a misprescription from her Pharmacy, and the Claimant wished to investigate this further. The Claimant had in fact been prescribed a double dose of her Warfarin medication, which had been checked and delivered to her door by the Pharmacy. As a result of the wrong medication being provided, she suffered very heavy blood loss. As a result, she was rushed into hospital and suffered quite badly, albeit for a short period of time.

The Pharmacy prescribing the medication admitted fault and the claim was finalised at an early stage, without the need for Court proceedings.

The Claimant felt that the proper compensation was received.

COMPENSATION AFTER MEDICAL NEGLIGENCE

Our client sought damages in relation to treatment received during surgery.

The client had initially suffered a fracture which required the surgery to pin and plate the bone. Subsequently, the Claimant became concerned about the medical treatment they had received. The surgery at first went ahead complication-free, but unfortunately the Claimant had had the incorrect pins inserted, which meant that additional surgeries were then required. This was not established until many years later.

Although liability was initially denied, settlement was eventually achieved following the issuing of Court proceedings and the distribution of full medical evidence to both parties.

COMPENSATION AFTER NEGLIGENT SURGERY

Our client sought damages in respect of the consequences of surgery performed in 2013.

A family member of our client came to Ramsdens with concerns about their elderly Mother-in-Law.

Following bowel surgery, the Claimant’s wounds failed to heal, resulting in serious pain. On significant investigation, it was discovered that a surgical sponge had been left in the wound site during surgery, which prevented the wound from properly healing, thus causing infection.

The team obtained medical records for the case, which commented on the additional care and assistance the Claimant required, and the added pain suffered due to the sponge being left in situ.

After negotiations, the team were able to settle the Claimant’s case for a six-figure sum, which would help to improve the quality of the Claimant’s life by making much needed enhancements to her property.

The team also advised the Claimant on setting up a personal injury trust to ensure that she would continue to receive benefits after the receipt of compensation.