Spring Clinical Negligence

Transcription

1 Spring 2010 Briefings Clinical Negligence CONTENTS LEGAL REMEDIES What to do when mistakes happen Cover 7.2 MILLION PAYOUT Care costs for victim of meningitis Page 2 RIGHTING MEDICAL WRONGS Success stories from our legal casebook Pages 3-5 NEWS ROUND UP Healthcare stories from 2009 Page 6 Welcome to Stanley Tee LLP s first Clinical Negligence Briefing NEWS IN BRIEF Stanley Tee team news Page 7 This Briefing provides a round up of the latest developments in clinical negligence and a review of some of our recent successful cases. We hope that you find the newsletter interesting and informative. Most medical care is safe and effective. However, mistakes and systemic failures will occasionally occur, especially where doctors and nurses are overstretched. The vast majority of patients come to us because they want an explanation for the outcome of their medical treatment. Often, patients are left feeling frustrated with the NHS and the complaints procedure. It can be difficult for patients to get the answers they are looking for. Our first job is to establish what the patient s expectations are, what he/she would like to achieve and how we can help them achieve it. In some cases, this is simply an explanation and an apology from the hospital or doctor concerned. In other cases, the patient may have a real need for compensation to fund the care, support and equipment they now need and to make up for the losses they have suffered as a result of their treatment. Claims for medical negligence can be complex. We have a specialist and dedicated team of lawyers who are widely recognised for the high quality of their work and for being friendly and approachable. We deal with a wide variety of claims and as well as helping patients and their families recover appropriate awards of compensation, we aim to ensure the patient receives rehabilitation and other support. We can appoint dedicated care managers and also advise on Court of Protection matters. We can also assist with accommodation needs and provide advice on personal injury trusts and other investment options. Should we be able to assist in any way, please do not hesitate to contact either Paul Taylor, Adam Copeland or Janine Collier on Tee Lorimers is the Cambridge office of Stanley Tee LLP, following the merger in 2008 with Lorimer, Longhurst & Lees. It is listed in the Legal 500 as one of the leading Claimant clinical negligence firms in East Anglia.

2 7.2 million for child damaged by meningitis Paul Taylor has just settled a multi-million pound claim for a young child who suffered severe brain damage after a delay in diagnosing meningitis at the Peterborough District Hospital. The Trust admitted liability shortly before trial in late 2008 on the basis that there would be a 10% deduction on the full value of the claim to reflect the likelihood that the child would have had some brain damage in any event. The parties then obtained further evidence to assess the value of the claim, and, once again, agreement was reached shortly before trial. The child will receive the equivalent of 7.2 million. A large part of the compensation is for care costs and the settlement has been set up so that the child s care costs will be met in full for the rest of his life. The rest of the settlement will be used to fund the construction of a suitably adapted property and the additional equipment and therapeutic input needed to improve the family s quality of life. The child will receive the equivalent of 7.2 million. A large part of the compensation is for care costs and the settlement has been set up so that the child s care costs will be met in full for the rest of his life. Paul Taylor, Partner BRIEFINGS PAGE 2

3 Righting medical wrongs Success stories from our legal casebook DELAY IN DIAGNOSING PERITONITIS FOLLOWING BOWEL SURGERY Adam Copeland acted on behalf of a young lady who underwent bowel surgery at Addenbrooke s Hospital, Cambridge due to her Crohn s disease. Unfortunately, shortly after the procedure the surgical repair to her bowel broke down and she became acutely unwell. She went on to develop peritonitis, a very serious complication. With prompt diagnosis and treatment, it was admitted that the peritonitis would have been avoided. The case settled for 300,000 plus costs. DELAY IN DIAGNOSIS OF LUNG CANCER Janine Collier represented a lady whose husband had died from lung cancer. It was alleged that as a result of the failure of Addenbrooke s Hospital to respond to a radiology report which raised the possibility of malignancy, there was a three month delay in diagnosing the tumour. Whilst the delay was unlikely to have affected her husband s oncological treatment or his prognosis, we argued that but for the delay, the gentleman would not have undergone an elective sigmoid colectomy, would not have contracted MRSA and would not have undergone a second surgical procedure to close the loop colostomy. The Defendant made a global costs inclusive offer of 14,000, which our client accepted. DELAY IN DIAGNOSIS OF BREAST CANCER Adam Copeland acted for a lady in a claim against the Royal Sussex Hospital, arising out of a two year delay in diagnosing breast cancer. A settlement was achieved in the sum of 250,000 plus costs shortly before trial. SUBSTANTIAL COMPENSATION FOR YOUNG LADY WITH CEREBRAL PALSY Paul Taylor and Janine Collier acted on behalf of a young lady who has cerebral palsy as a result of the medical care her mother received during her labour at the West Suffolk Hospital, Bury St. Edmunds. Shortly before trial, the claim compromised for an undisclosed sum (the agreement contained a confidentiality clause), plus costs. A Special Needs Trust was set up to preserve our client s entitlement to means tested benefits and statutory care provision. After the settlement, she wrote: Thank you very much for all your hard work and getting such a brilliant result without having to go to court. I am very pleased with everything you ve done for me WITHDRAWAL OF CONSENT DURING COLONOSCOPY Adam Copeland represented a lady in a private claim against a Consultant Surgeon arising out of allegations of assault and battery following the withdrawal of her consent during a colonoscopy procedure. A settlement in the sum of 36,000 plus costs was agreed shortly before trial. INAPPROPRIATE SIZE OF DENTAL BRIDGE POST A woman who attended her dentist for a bridge repair was fitted with a bridge post of the wrong size. The post was too long and penetrated her jawbone, causing infection and pain. Janine Collier settled the claim for 5,500 plus costs. BRIEFINGS PAGE 3

4 Righting medical wrongs Success stories from our legal casebook continued HOME OFFICE FAIL TO PROVIDE ADEQUATE DENTAL TREATMENT Adam Copeland acted on behalf of a male prisoner, in respect of an unsatisfactory upper denture being fitted and the unnecessary and negligent extraction of two teeth whilst an inmate at HMP Lowdham Grange in The claim was settled for 7,000 plus costs. FAILED STERILISATION Paul Taylor represented a lady in a claim against the Peterborough District Hospital arising out of a negligent sterilisation operation. She became pregnant, suffered a placental abruption and her son suffered from severe cerebral palsy and died a month before his first birthday. A settlement was agreed in the sum of 25,000 plus costs. YOUNG LADY RENDERED INFERTILE BY HOSPITAL NEGLIGENCE Paul Taylor acted for a young lady in a claim against a local Hospital Trust. She had suffered a torsion (twisting) of one of her ovaries. She underwent surgery to fix the remaining ovary to her pelvic wall. In fact, during surgery, the surgeon did not fix the ovary he decided it was not in her best interests. He failed to document this in the medical records or to notify her after the procedure. Some months later, the remaining ovary twisted and had to be removed. She was, therefore, infertile. Had the ovary been fixed, it was likely that she would have been able to have children in the future. Alternatively, had she been advised that the surgeon had not fixed the ovary to the pelvic wall, she would have undergone egg freezing and would have been able to use these eggs with IVF to have a family. The claim settled in the sum of 40,000 plus costs. GENERAL PHYSICIAN FAILS TO DIAGNOSE ACUTE ANGLE GLAUCOMA Janine Collier acted on behalf of a retired lady, who developed acute angle glaucoma following spinal surgery at the Hinchingbrooke Hospital, Huntingdon. A delay in making this diagnosis left her with partial loss of sight in both eyes. The claim settled for 180,000 plus costs. A Special Needs Trust was set up to preserve her entitlement to means tested benefits. GENERAL PRACTITIONERS FAILURES CAUSE SIGNIFICANT DELAY IN DIAGNOSING THYMIC CARCINOMA IN YOUNG MAN Paul Taylor and Janine Collier acted on behalf of a lady whose son died from thymic carcinoma. Because of his General Practitioners failures, there was a significant delay in diagnosing the tumour, as a result of which, we argued, he suffered a very large cerebral infarct (a stroke) and significantly reduced chances of survival (less than 50%). The General Practitioners conceded that there had been errors in their management, but vigorously denied that with earlier diagnosis and treatment the outcome would have been any different. The claim eventually settled in the sum of 50,000 plus costs. DEATH OF BABY DUE TO POOR OBSTETRIC CARE A young couple instructed Janine Collier to represent them at the inquest into their son s death, and thereafter in a claim for compensation. Their son had been born in an extremely poor condition and died a few days after his birth at the Hinchingbrooke Hospital, Huntingdon. The baby had exhibited signs of fetal distress during labour, and, we argued, should have been delivered sooner by emergency Caesarean section. We further argued that excessive force was applied during the ventouse delivery. The claim settled in the sum of 10,000 plus costs. BRIEFINGS PAGE 4

5 MINISTRY OF DEFENCE FAIL TO PROVIDE SERVICEMEN WITH COMPETENT HEALTHCARE Tee Lorimers are extremely experienced in military clinical negligence claims. Over the last year or so, the clinical negligence team has settled a number of cases. These are just a few: Delay in diagnosing a fracture to the wrist Janine Collier represented an ex-serviceman in a claim arising out of a nine month delay in diagnosing a fracture to the scaphoid. Once diagnosed, the fracture was treated surgically and united, with minimal long term consequences. The claim settled for 9,000 plus costs. Delay in diagnosing a fracture to the right ankle Adam Copeland recently represented an ex-serviceman in a claim arising out of a two month delay in diagnosing a broken right ankle and soft tissue injury. Following eventual diagnosis and treatment, his ankle symptoms persisted and, because of his ankle condition, his fitness status was downgraded and he was discharged from the Army. After day one at trial, the MOD offered 100,000 plus costs, which our client accepted. DELAY IN TREATING INFECTION FOLLOWING HIP REPLACEMENT Paul Taylor represented a retired lady in a claim arising out of a delay in diagnosing a post-operative infection following a hip replacement procedure, performed at Addenbrooke s Hospital, Cambridge. A year or so later, the artificial hip had to be removed.the lady has been left very severely disabled with significantly impaired mobility. The claim was settled in the sum of 120,000 plus costs. Following settlement a trust was set up to preserve her entitlement to state benefits and statutory care provision. IMPOTENCE CAUSED BY INAPPROPRIATE PRESCRIPTION OF ANTI-PSYCHOTIC MEDICATION Janine Collier acted for a man in his late forties, in a claim against the East of England Strategic Health Authority for the negligent prescription of the anti-psychotic drug Chlorpromazine which caused him to develop a priapism (persistent erection) causing damage leading to impotence. Tee Lorimers were the fifth firm of solicitors the gentleman had instructed in this matter, and the claim was, by then, several years out of time. Notwithstanding this, the Defendant agreed to compromise in the sum of 28,500. PREVIOUS SOLICITORS INCOMPETENT Janine Collier pursued the gentleman s solicitors for the balance of the damages due in a professional negligence action. We argued that they failed to investigate and pursue his claim within the legal time limit and that, as a consequence, he compromised the underlying clinical negligence claim at an undervalue. He recovered a further 20,000 plus costs from his previous solicitors. WRONGFUL BIRTH Adam Copeland represents the parents of young child, who has Down s Syndrome, in a claim against Addenbrooke s Hospital, Cambridge for the wrongful birth of their daughter. The triple test was (wrongly) reported as being reassuring. Had they been informed that there was a high risk of Down s Syndrome, they said that they would have terminated the pregnancy. Shortly before trial on the liability issues, the hospital conceded that had the parents been correctly informed during the antenatal screening process, they would have had time to reflect and would have terminated the pregnancy. Settlement of the liability issues was agreed at 90%. The parties are now addressing quantum issues and the value of the claim will be seven figures. BRIEFINGS PAGE 5

6 UK Healthcare news round up There have been a number of memorable healthcare stories in It would be impossible to cover them all, but the following are what we feel were the highlights: Bar on NHS complaints lifted Since 1st April 2009, patients have been allowed to pursue a complaint about their treatment even if they have started or intend to start litigation to recover compensation. Health Committee publishes patient safety report, June 2009 In June 2009, a report by the House of Commons Health Committee stated that as many as 10 per cent of patients admitted to hospital are harmed, sometimes seriously, even fatally, and that much of this is avoidable. It warned that too often NHS Boards pay more attention to governance, finances and targets than patient safety some have never considered it at all. The Committee highlighted many failings in the system, including delays in introducing new technologies proven to improve patient safety and serious deficiencies in the medical training curriculum which compromise patient safety. NHS staff face unsustainable pressure In August 2009 trade union leaders reported that NHS staff were facing unsustainable pressure. One in six NHS patients misdiagnosed A few weeks later, an American review about diagnostic error in developed countries suggested that up to 15% of all cases could be misdiagnosed. 2,009 patient deaths related to errors, complications and accidents in six months The National Patient Safety Agency reported 2,009 patient deaths related to errors, complications and accidents in six months in the NHS in England. Overall, there were 459,500 patient safety incidents reported on a voluntary basis which occurred between 1st October 2008 and 31st March Figures showed that 92% of the incidents resulted in little or no harm, 6% related to moderate harm and 2% to severe harm. Stafford Hospital Inquiry Mid Staffordshire NHS Foundation Trust was accused, by the Healthcare Commission, of making drastic cost cutting measures to meet financial targets, leading to dreadful levels of care. Between 400 and 1,200 more people died than would have been expected between 2005 and Early in the year Alan Johnson, the then Secretary of State for Health, refused to call a public inquiry. In July 2009, Andy Burnham accepted that an independent inquiry was needed (but restricted the terms of reference to the individual cases at Stafford and did not include the role of bodies such as Monitor, the Healthcare Commission or the Strategic Health Authority). Dying to be Treated In September, Panorama s Dying to be Treated investigated the dangers of using the private sector to cut NHS waiting lists. Thousands benefited from fast tracked operations, but bereaved families and senior surgeons claimed risks were taken with patient safety and millions of pounds wasted. Care Quality Commission calls for urgent review of out of hours services The Care Quality Commission has called for an urgent review of how Primary Care Trusts monitor out of hours GP cover in the light of the investigation following the death of Mr Gray, who was unintentionally killed by a massive overdose administered by German doctor, Dr Ubani. Alarming rate of medication errors in nursing homes Quality & Safety in Healthcare published research in October 2009 which found that seven out of ten nursing home residents were exposed to medication errors. NHS guidance on Being Open published In November, the NHS Patient Safety Agency launched updated guidance on Being Open. Patient safety charity Action against Medical Accidents (AvMA) welcomed the improved guidance, but continues to demand progress on implementing a legal duty to be open and honest with patients and relatives when things go wrong. BRIEFINGS PAGE 6

7 Our news in brief The last year has been an exciting one for Stanley Tee LLP with the experience, expertise and quality of the personal injury and clinical negligence teams achieving widespread recognition. Mortality rates at Colchester and Basildon Hospitals higher than expected In November, Monitor ordered a hit squad into the Basildon NHS Trust, where poor care and a filthy environment in its Accident and Emergency unit were thought to have contributed to 400 deaths. Colchester had a death rate 12% above the national average and had failed repeatedly to meet the 18-week waiting list target, the four hour A&E target and cancer waiting times targets. The Chairman was dismissed. Monitor is investigating eight other Trusts for below par performance. The following are some of the 2009 highlights: A hidden gem Tee Lorimers has, once again, been listed in Legal 500 as one of the leading medical negligence firms in East Anglia. The Legal 500 Series is widely recognised as providing a comprehensive assessment of legal services. Tee Lorimers is described in the Legal 500 as A hidden gem and Paul Taylor as an assiduous litigator who really cares for his clients. Official accreditation for Tee Lorimers as personal injury lawyers Tee Lorimers recently received corporate accreditation from APIL, the Association of Personal Injury Lawyers. APIL is a not-for-profit professional body established 18 years ago to support injured people, and to ensure that they have access to the most qualified legal help in fighting for their rights and having access to justice. Accreditation from APIL is only granted to firms who work to a recognised standard of excellence and specialist expertise. Although there are 2,100 APIL members nationwide, only about 12% of the firms have achieved corporate accreditation. Child Brain Injury Trust appointment Stanley Tee LLP has been accepted as a provider of legal services by the Child Brain Injury Trust. The Child Brain Injury Trust (CBIT) is a UK-wide charity offering support, information and training on childhood acquired brain injury. Should families need to seek advice from a legal professional following a child s brain injury, it is really important that the professional has the necessary experience in handling such complex cases. We are delighted that CBIT have recognised the experience and expertise of our personal injury and clinical negligence teams in claims for Childhood Acquired Brain Injury. Headway recognise Tee Lorimers expertise in brain injury claims Tee Lorimers has, once again, been selected for the Headway referral panel. Headway is a charity set up to give help and support to people affected by brain injury. Recognising that brain injuries are complicated and involve different considerations from other forms of injury, Headway s Personal Injury Solicitor List has been prepared by Headway to assist people seeking the services of solicitors experienced in personal injury litigation, in the context of traumatic brain injury and its consequences. And finally The Law Society has given special recognition to Janine Collier for her expertise in clinical negligence, granting her membership of their accreditation scheme. Also, Paul Taylor has recently been reaccredited by the Solicitors Regulation Authority as a member of the Law Society Clinical Negligence Panel. BRIEFINGS PAGE 7

8 Spring 2010 Briefings Clinical Negligence OUR TEAM Paul Taylor Partner Adam Copeland Solicitor Janine Collier Solicitor We act for clients in all areas of the country and are happy to make home or hospital visits. Please contact us for a free, no obligation consultation on: or law@stanleytee.co.uk OUR SERVICES We provide services in the following areas: AREAS OF EXPERTISE Accident & Emergency medicine Anaesthetics Birth injury Brain injury Cancer Cerebral palsy Dentistry Failed sterilisation Fatal accidents Gastroenterology General Medicine General Practice Gynaecology Inquests Neurosurgery Obstetrics Older people Ophthalmology Orthopaedics Paediatrics Private healthcare Psychiatric care Spinal injury Solicitors negligence Surgical error Wrongful birth Clinical negligence claims on behalf of patients, including claims against GPs, private practitioners and NHS trusts Clinical negligence claims on behalf of the military against the Ministry of Defence Clinical negligence claims on behalf of prisoners against the Home Office Representation at inquests Fatal accident claims Professional negligence claims against solicitors arising out of the conduct of a clinical negligence claim Assistance with complaints under the NHS Complaints Procedure Assistance with complaints to the GMC (General Medical Council), NMC (National Midwifery Council) and GDC (General Dental Council) Stanley Tee LLP High Street, Bishop s Stortford Hertfordshire CM23 2LU Tel: Fax: High Street, Great Dunmow Essex CM6 1AH Tel: Fax: law@stanleytee.co.uk Tee Lorimers Devonshire House 89 Regent Street, Cambridge Cambridgeshire CB2 1AW Tel: Fax: law@stanleytee.co.uk Tee Stonehams 68 High Street, Saffron Walden Essex CB10 1AD Tel: Fax: law@stanleytee.co.uk Stanley Tee LLP is a progressive legal practice founded in We place great value on developing personal relationships with our clients and taking a proactive approach to their legal requirements. Tee Lorimers is the Cambridge office of Stanley Tee LLP, following the merger in 2008 with Lorimer, Longhurst & Lees. It is listed in the Legal 500 as one of the leading claimant clinical negligence firms in East Anglia. Stanley Tee LLP is a Limited Liability Partnership and is regulated by the Solicitors Regulation Authority. Registered in England and Wales number OC Registered office: High Street Bishop s Stortford Hertfordshire CM23 2LU. A list of members is available from this address.