JMW Solicitors have one of the most experienced and respected medical and clinical negligence compensation claims teams in the UK. We are able to deal with cases using public funding (formerly Legal Aid) or No Win No Fee in appropriate cases. If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged for our initial advice session.
For an assessment of your potential claim, please click here to complete our online enquiry form and one of our specialists will contact you shortly or please contact us on 0845 402 0001.
An example of one of our claims is outlined below.
Background to the Medical Negligence Claim
Raymond Fielder pursued a claim for damages under the Law Reform Miscellaneous Provisions Act and the Fatal Accidents Act against his wife, Lynda Fielder’s former General Practitioner, Dr. Sohail Butt.
On the 17th February 1992 Mrs. Fielder was noted to be suffering from shortness of breath on exertion, with palpitations. She had a chest X-ray and ECG but no abnormalities were detected. When she subsequently consulted her GP it was noted that there had been a reduction in her palpitations. In February 1993 Mrs. Fielder was noted to have hot flushes. In October 1993 her General Practitioner noted that she had a history of hot flushes for 2 years and she was referred to a HRT Clinic. In November 1993 the GP recorded that Mrs. Fielder was still having hot flushes, especially at night. Her blood pressure was measured twice and recorded 170/110 and 180/120. Mr. Fielder recalled that in the early to mid 1990’s his wife began to have more health problems, particularly associated with elevated blood pressure. She complained of feeling tired and sickly and started to have panic attacks. In February 1994 Mrs. Fielder was prescribed Propranolol. She developed a rash and her anti-hypertensive medication was changed to Enalapril.
In the period from 1993 through to 1997 Mrs. Fielder’s blood pressure was regularly monitored by her GP. Her blood pressure varied over this time but was not fully controlled, despite medication.
In 1995 Mr. Fielder recalled an incident when he, his wife and daughter went to the British Museum on a day trip. After walking for about 5 minutes Mrs. Fielder was out of breath, with palpitations. She was retching and her heart was pounding. Mr. Fielder recalled that his wife went to see her General Practitioner, who diagnosed shortness of breath and asthma. This was not reflected in any of the General Practitioner’s records. Inadequate records often feature in doctor gp medical negligence cases. Mr. Fielder recalled attending the appointment with his wife and the GP diagnosing shortness of breath and asthma.
Mr. Fielder was increasingly concerned about his wife’s health and recalled accompanying her on several occasions to see her GP in the last 18 months of her life. Mrs. Fielder was concerned that her GP was failing to take seriously her concerns regarding her health. Mr. Fielder recalled his wife complaining to the GP on several occasions in his presence about heart palpitations, hot flushes, nausea and shortness of breath.
During the course of 1997 Mrs. Fielder began to have problems with her hip and knee. She had been diagnosed with congenital dislocation of the hip as a child. She was referred to Ashford Hospital, under the care of the Orthopaedic Surgeon. In November 1997 she was advised to undergo total hip replacement.
During 1998 Mr. Fielder continued to notice his wife complaining of anxiety and palpitations.
On the 30th September 1998 Mrs. Fielder was admitted to Ashford Hospital for total hip replacement. She underwent the procedure on the 1st October 1998. On the 2nd October 1998 she was noted to have very bad heart palpitations. She had a reaction to the anaesthetic and was violently sick. Mrs. Fielder continued to suffer from palpitations. On the 8th October 1998 Mrs. Fielder suffered a cardiac arrest due to myocardial infarction and died.
A post-mortem was ordered and it was noted that Mrs. Fielder had an adrenal phaeochromocytoma, a rare tumour of the medulla of the supra renal gland, which secretes adrenaline and noradrenaline in excess, causing proxysmal attacks of high blood pressure, headache and palpitations.
The Claimant’s Allegations
Mr. Fielder alleged that the GP standard of care between 1993 and 1998 fell below the requisite standard, in a number of respects. The GP records, whilst recording repeated blood pressure readings, did not detail any other examination and no investigations were arranged, despite Enalapril being prescribed.
It was further alleged that the GP’s care was substandard insofar as a referral to a Physician ought to have occurred in view of Mrs Fielder’s hypertension.
It was not alleged by the Claimant that the GP was negligent in failing to diagnose a phaeochromocytoma given the rarity of the condition.
On the issue of causation, the Claimant alleged that had a prompt referral been made to a Consultant Physician or Endocrinologist, despite the rarity of the condition, the symptoms described by Mrs. Fielder were in many ways classical of a diagnosis of phaeochromocytoma. It was alleged that had appropriate investigations been carried out then it is likely that a diagnosis would have been made during the course of 1997. With appropriate treatment Mrs. Fielder would have survived and her life expectancy would not have been compromised.
The Defendant’s Case
The Defendant admitted negligence in a failure to arrange measurements of Mrs. Fielder’s urea and electrolyte levels in February 1994, October 1995 and March 1997. However, the Defendant denied negligence in failing to carry out any further investigations, or to make a referral to a Consultant Physician or Endocrinologist. In particular, the Defendant stated that the symptoms described by Mrs. Fielder were explicable by other complaints, which were menopausal or depressive in nature.
On the issue of causation, the Defendant admitted that even if the urea and electrolyte levels had been obtained, any abnormal readings would have been attributed to the Claimant’s medication, namely Bendrofluazide.
Part 20 Claim
The Defendant made a claim against the Hospital Trust where Mrs. Fielder died, alleging that her hypokalaemia (low potassium) had made her heart prone to abnormal rhythms and was causative of her death. It was alleged that the Hospital ought to have corrected Mrs. Fielder’s hypokalaemia prior to surgery, before the total hip replacement. The Claimant’s evidence was that even had the diagnosis of low potassium been made, and the hypokalaemia corrected, Mrs. Fielder would have died any way due to the failure to diagnose the phaeochromocytoma.
The NHS Trust admitted negligence in proceeding with surgery when the deceased was hypokalaemic. The Trust accepted that surgery should not have taken place until the potassium levels had been corrected. Nevertheless, the Hospital Trust maintained a causation defence, which accorded with the opinion expressed by the Claimant’s expert.
The matter was listed for trial in November 1993. Negotiations were entered into and a settlement arrived at shortly before trial, with the Claimant receiving £108,000.00 by way of damages, largely for his loss of dependency on the deceased’s income and services.
Experts Instructed
Claimant
Dr. Nigel Ineson – General Practitioner
Dr. Paul Belchetz – Consultant Physician/Endocrinologist
Defendant
Dr. Davies – Consultant Anaesthetist
Part 20 Defendant
Professor Alan Aitkenhead – Consultant Anaesthetist
Doctor GP medical negligence : - Report Submitted By: Eddie Jones of JMW Solicitors for the Claimant
Counsel for the Claimant, Sally Hatfield of Peel Court Chambers, Manchester
Defendant/Part 20 Claimant
Solicitors for the Defendant, Berrymans Lace Mawer, London
Counsel for the Defendant – Sarah Vaughan-Jones
Part 20 Defendant
Solicitors for the Defendant – Hempsons of London
Counsel for the Defendant – Mr. N. Peacock
