JMW Solicitors offer a free advice session either personally or on the telephone to find out whether you have a good case. You may be eligible for legal aid or you may have insurance. If not, we can offer you no win no fee arrangements in suitable hospital negligence cases. However 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. An example of one of our claims is outlined below.
The Claimant was admitted to the Accident and Emergency Department of the Royal Oldham Hospital on the 31st July 1999 following her involvement in a road traffic accident. She suffered a crush injury to her lower right leg and following x-ray was informed that she had several torn ligaments but no broken bones. Her foot was bandaged and she was discharged with painkillers and told to return later that day for further examination.
Later that day her leg was put in a well padded back slab. She was advised to rest, elevate, immobilise and remain non weight bearing with crutches. Over the ensuing days the Claimant experienced considerable pain in her lower leg.
On the 5th August 1999 she re-attended the A & E Department and was admitted. On examination her right leg was tender and the examining Doctor gained the impression that she may have a deep vein thrombosis of her right leg. Arrangements were made for a venogram to be done. The Claimant remained an in patient until the 11th August 1999 when following her right lower leg venogram she was subsequently discharged. The report of the venogram indicated that there was no evidence of deep vein thrombosis.
Following her discharge from hospital the Claimant continued to complain of pain and discomfort in her right lower leg. She attended for physiotherapy on the 24th and 27th August and for out patient review on the orthopaedic clinic on the 31st August 1999. She was advised on that occasion that she could continue with her holiday plans to fly to Tenerife on the 3rd September 1999.
During the course of the flight to Tenerife the Claimant attempted to mobilise. Upon arrival at her holiday destination her leg was swollen becoming increasingly blue all the way up her leg.
On the 7th September 1999 the Claimant was increasingly unwell, developed right sided chest pain and was admitted to hospital in Tenerife. A diagnosis of pulmonary embolism secondary to femoral vein thrombosis was made. The Claimant was admitted to the intensive care unit. She was transferred back to the UK on the 23rd September 1999 and re-admitted to the Royal Oldham Hospital upon arrival. She was discharged home the following day.
The Claimant was subsequently referred to a Consultant Vascular Surgeon who diagnosed post phlebitis syndrome following femoral DVT. She was prescribed Warfarin.
The Claimant subsequently discovered she was pregnant and upon advice from her Obstetrician underwent a termination in June 2000 because of the risk of Warfarin embryopathy.
The Claimant’s Allegations
The Claimant alleged that there was hospital negligence in that the health care provider failed to diagnose a deep vein thrombosis (DVT) in the period whilst she was an in-patient between the 5th August and 11th August 1999 and thereafter up to the point where she was discharged on the 31st August 1999.
1999 and thereafter up to the point where she was discharged on the 31st August 1999.
An opinion was sought from Dr. A E Evans, Consultant Radiologist who reviewed the radiology and in particular the venogram performed on the 11th August 1999. In Dr. Evans opinion there was a negligent failure on the part of the Defendants Radiologist to accurately record the venogram. In particular whilst the deep veins above the knee were normal in the calf there was under filling and multiple deep veins with no filling of several of the deep veins. He concluded that such appearances were grossly abnormal and almost certainly due to deep vein thrombosis in the calf vessels.
A pre action protocol letter of claim was sent to the Defendants Solicitor on the 19th February 2002 which resulted in an admission of negligence in the reporting of the venogram and the failure for this to be reviewed by the orthopaedic surgeons. Causation was denied. A Part 36 offer in the sum of £10,000.00 was made to include agreed loss of earnings in the sum of £3,187.34.
The Claimant was subsequently examined by Prof. P R F Bell, Consultant Vascular Surgeon and in turn on behalf of the Defendant by Mr S Smith, Consultant Vascular Surgeon.
The vascular surgeons were broadly agreeable on the issue of the Claimant’s condition and prognosis. She continued to experience intermittent swelling of her right leg following standing for any prolonged period. Her right lower limb was marginally larger than her left at the calf and thigh. She had some pigmentation on either side of the right leg and thread veins. There is a recognised 5% risk of ulceration developing in the left leg and she will continue to need to wear below knee elastic stockings indefinitely. In any future pregnancy the Claimant would need to take low dosage heparin prophylaxis.
Settlement
The matter was concluded with the Claimant accepting the sum of £25,000.00 plus costs for hospital negligence. The award for General Damages was approximately £15,000.00 the remainder of the award being made up of the sums for the Claimant’s loss of earnings, future cost of support stockings, and an element for the Claimant’s disadvantage on the labour market.
Solicitor for the Claimant – Eddie Jones, JMW, Solicitors
Counsel for the Claimant – Sally Hatfield, Peel Court Chambers, Manchester Solicitor for the Defendant – Hempsons, Manchester
Counsel for the Defendant – Not known.
Case Report Submitted by:
Eddie Jones
JMW Solicitors
Manchester
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.
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