Hearing for Delayed Spinal Abscess Treatment

The result of a medical negligence claim for treatment of a spinal access is set to be determined in London’s High Court later this month.

The anonymous patient, unnamed for legal reasons, was paralysed from the waist down because of the delay in treatment for spinal abscesses in 2009. The treatment was due to be carried out in the Royal Devon and Exeter Hospital, but the delay has rendered the patient wheelchair bound and reliant on twenty-four seven care.

Though the Royal Devon and Exeter NHS Foundation Trust admitted liability for the negligent treatment, no agreement has been reached concerning how much the settlement of compensation is worth. Legal representatives of the Trust argue that much of the care costs associated with the treatment of the fifty-year-old male patient are associated with teenage drug abuse, which the NHS Trust claims they should not be liable to pay.

Whilst the patient’s lawyer value the compensation settlement of the paralysed man at £3.4 million, the NHS Trust say that it should be less than £1 million, telling the court that the wheelchair has not stopped the man’s “chaotic” lifestyle. They say he still engages in the company of drug addicts and other so-called “undesirable characters”.

Lawyers for the Trust say that the patient has a duty to stop his drug habit, and that public policy states that the claim for compensation should be drastically reduced. The opposing lawyers argued that their client has a dependency disorder, and that refusing him compensation would mean he would not suitable manage his disability.
Due to the claimant’s vulnerability, the judge has ordered that nothing identifiable be published. The case is set to continue for the rest of the week.

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Health Trust offers Cancer Patients Compensation for Lack of Care

The Surrey and Sussex Healthcare NHS Trust is offering cancer patients compensation for a lack of care following an investigation into the standard of care provided by a consultant urologist.

Twenty-seven patients of the East Surrey Hospital in Redhill are believed to have suffered avoidable side effects related to their care, or have experienced an avoidable progression of their disease, due to a lack of care by consultant urologist Paul Miller, who worked at the hospital between 2006 and 2013.

According to the results of an internal investigation, the patients – who are all suffering from bladder cancer or prostate cancer – were not given the full range of options available to them or informed of the consequences, and subsequently they were provided with treatments that may not have been in their best interests and due to which there is a higher likelihood of the cancer returning.

The investigation into the lack of care provided by Paul Miller was launched after concerns were raised by colleagues and specialist nurses at the East Surrey hospital last November. Dr Miller was suspended the following month while an investigation into the standard of care provided to patients took place, and he was subsequently dismissed from his post earlier this year.

More than one thousand letters have been sent to patients under the care of Mr Miller, with the NHS Trust offering the twenty-seven affected cancer patients compensation for a lack of care. The NHS Trust has also established a helpline for concerned patients – 0808 168 7754 – which is manned between 11:00am and 7:00pm from Monday to Friday.

Speaking about the offer to cancer patients of compensation for a lack of care, Michael Wilson – Chief Executive of Surrey and Sussex Healthcare NHS Trust – said that Mr Miller had not “followed the advice of multi-disciplinary teams in carrying out established and recognised cancer treatments”. He added that the letters sent to each of the patients were “to enable compensation to be considered and paid”.

In addition to working at the East Surrey Hospital, Mr Millar was also employed at the Spire Gatwick Park Hospital in Horley. The hospital´s director – John Crisp – said that Mr Miller had not undertaken any surgery or held clinics at the hospital since his suspension in December. Mr Miller is also subject to a formal investigation by the General Medical Council.

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Hospital to be Sued for Patient Fall out of Bed Accident which Resulted in Fatal Injury

The operators of a Community Health Centre in Suffolk are facing legal action from the husband of a patient who had a fall out of bed accident from which he believes she subsequently died.

Joy Saunders from Ipswich was admitted to the Bluebird Lodge Community Health Centre to receive specialist physiotherapy treatment after the seventy-six year old had suffered a stroke while on holiday in Spain.

Joy´s husband – David – specifically asked nursing staff to erect a guard rail alongside Joy´s bed as he was concerned she might fall out of the bed due to her distressed state.

However, the Community Health Centre phone David the next morning to say that Joy had been discovered on the floor alongside the bed, but could not tell him how the patient fall out of bed had occurred, or how long his wife had been lying on the floor.

David visited Joy that morning and raised concerns about the bruises she had on her face and her incoherent speech. However it was two days until doctors at the Community Health Centre gave Joy a scan – at which point she was diagnosed with a brain haemorrhage.

Because of her condition, Joy required care twenty-four hours a day, and – as the Bluebird Lodge Community health Centre was not able to provide the care she needed – Joy was moved to a hospice, where she died in December as a result of her injuries.

David Saunders has now made a compensation claim for Joy´s patient fall out of bed accident, which he believes was completely avoidable and ultimately responsible for his wife´s death. He alleges in his legal action that there was a breach in the duty of care to prevent the patient fall out of bed accident and that Community Health Centre were negligent in failing to provide a thorough examination of Joy´s injuries.

David´s patient fall out of bed accident compensation claim is being made against the security company Serco – which operates the Bluebird Lodge Community Health Centre under a contract with the NHS to provide community healthcare services in Suffolk.

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Hysterectomy Negligence Compensation Awarded for Gynaecological Errors

A woman who lost her child due to a medical error by staff at the Royal Cornwall Hospital has been awarded £62,000 in hysterectomy negligence compensation for gynaecological errors in an out-of-court settlement.

The anonymous woman attended the Royal Cornwall Hospital in November 2007 for a hysterectomy procedure, during which it was found that she was fourteen weeks pregnant. The woman was not aware that she was pregnant but, once her cervix had been removed, the continuation of the pregnancy was not possible.

Following an investigation into the procedure it was discovered that the consultant gynaecologist – Dr Rob Jones – had found that the uterus was “abnormally large” but had proceeded with the procedure regardless. Dr Jones has since resigned and is currently being investigated by the Royal College of Obstetricians and Gynaecologists over the frequency of surgical complications during his operations.

After seeking legal counsel, the woman took0 a claim for hysterectomy negligence compensation against the Royal Cornwall Hospital Trust stating that, had she been aware that she was pregnant, she would never have proceeded with the hysterectomy procedure. Despite the fact that she suffered no physical harm, it was agreed that the patient had undergone a significant emotional trauma and stress.

The Royal Cornwall Hospital Trust accepted liability for an “inadvertent termination” and agreed that that the diagnosis of the pregnancy should have been made at the point when it was still viable to for the pregnancy to go on. After talking with the woman’s legal representative’s, a settlement of £62,000 in hysterectomy negligence compensation was agreed.

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Pneumococcal Meningitis Misdiagnosis Hospital Malpractice Claim Resolved

A court in Mold, North Wales, has heard that a pneumococcal meningitis misdiagnosis claim for hospital malpractice compensation has been resolved with Betsi Cadwalader University Health Board admitting 75 per cent responsibility for injuries sustained by a little girl from Wrexham.

Kate Pierce (6) was just nine months old when she developed pneumococcal meningitis and was brought by her parents to Wrexham´s Maelor Hospital. A junior doctor at the hospital diagnosed Kate with viral tonsillitis and told her parents it was safe to bring the little girl home. Kate´s parents, worried about their daughter´s health, asked for a second opinion and were told by the junior doctor that a senior doctor had been consulted, when no such consultation had been made.

Kate´s condition got worse overnight and the next day her parents returned to the hospital where pneumococcal meningitis was diagnosed. Sadly for Kate, the correct diagnosis came too late to prevent her from sustaining brain damage and although she was immediately transferred to the Alder Hay Children´s Hospital in Liverpool, she now suffers from severe epilepsy and chronic lung disease, and is registered blind and deaf.

After seeking legal counsel from medical negligence solicitors, Kate´s parents made a pneumococcal meningitis misdiagnosis claim for compensation against the Betsi Cadwalader University Health Board; claiming that their daughter had suffered due to medical negligence and would require a lifetime of care. After a protracted study into events at the Wrexham Maelor Hospital, the Betsi Cadwalader University Health Board admitted that “aspects of care provided by the hospital were not of an acceptable standard”.

The Health Board stated in court that they had said sorry to the family and were prepared to accept 75 per cent liability for Kate´s injuries. How much compensation for pneumococcal meningitis the family will receive will be determined in a hearing due to be held later this year.

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Hospital Medical Negligence Compensation for Operation on Wrong Side of Heart

A man, who was woken during surgery to tell him that his heart operation had gone wrong, has received a six-figure sum in hospital compensation after making a medical negligence claim.

Steve Edwards (51) was having a minor heart procedure at the Bristol Royal Infirmary in 2008 when the error occurred. During the surgery, an item of equipment slipped, causing a radio pulse to be applied to the incorrect side of his heart.

The error meant that Mr Edwards would require a pacemaker fitted, and the heavily anaesthetised was brought around to advise him of the treatment he required. Mr Edwards claimed in his action a that he did not appreciate the severity of the issue at the time, and it was only in an outpatient´s appointment ten weeks later that the full extent of the error became known.

Despite three additional attempts at corrective surgery, Mr Edwards will now have to wear the pacemaker for the rest of his life – meaning that he will have to undergo surgery once every seven years to replace the battery. The Bristol Royal Infirmary admitted negligence and agreed a six-figure sum in hospital compensation with Mr Edwards’ legal representatives in an out-of-court settlement.

In the statement, the Bristol Royal Infirmary stated “Technical errors during Mr Edwards’ cardiac ablation procedure resulted in the catheter moving and radio frequency energy being delivered to the wrong side of his heart. Further checks have been introduced to ensure that the catheter is perfectly placed before radio frequency energy is delivered.”


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Paralysed at Birth Child Awarded 6 Million Pound Package

A six year old boy, who is only able to move his eyes after an error in his delivery left him in a quadriplegic condition, has been awarded a 6 million pounds compensation package at London´s High Court.

The boy, whose name was withheld in court, sustained severe cerebral palsy due to delays in a caesarean section being performed at Epsom Hospital in December 2004 and now requires around-the-clock care.

Suing Epsom and St Helier University Hospitals NHS Trust through his mother, the boy claimed that their medical negligence had led to his condition and, after an investigation, Mr Justice Eady at the High Court heard that the NHS Trust admittedly liability.

The medical negligence compensation settlement which totals 5,961,199 pounds, is to paid in a lump sum of 2.8 million pounds to pay for the care and specialist treatment he requires now, with further index-linked and tax free payments throughout the remainder of the child´s life.

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Seven Figure Hospital Malpractice Award Anticipated for Wolverhampton Boy

A ten-year-old Wolverhampton boy, who was brain damaged at birth due to alleged negligence, has won his battle for hospital malpractice compensation.

Joseph O’Reggio was born in April 2001. Prior to his delivery, Mr Justice Tugendhat heard at London´s High Court, Joe was starved of oxygen and suffered brain damage due to this.

Joe was left with cerebral palsy as a consequence of this birth injury, wheelchair bound and suffering from severe learning difficulties. The Court was also told how the boy is unable to speak or feed himself.

It was claimed in an hospital malpractice award action against the Royal Wolverhampton NHS Trust that medical staff should have realised at an earlier stage that Joe was in distress and brought forward his delivery.

Though the NHS Trust denied that Joe´s injuries were caused by medical negligence, they agreed on the day before the trial was due to commence to admit 80 per cent liability for the claim, which will now go for assessment of damages.

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1 Million Pounds Heart Operation Compensation

Two teenagers, who claimed to have suffered disability following a heart operation at the Bristol Royal Infirmary when they were children, have each had hospital negligence compensation awards of 500,000 pounds approved in the High Court.

The teenagers – Kristian Dixon (19) and Jessica Johnson (18) – were both babies when undergoing heart surgery in 1992 and 1993 respectively.  Mr Dixon claimed that brain damage sustained when he was sixteen months caused cognitive and learning difficulties, while Ms Johnson has needed permanent care ever since her heart surgery.

It was alleged at the High Court in London that both had sustained brain damage due to professional negligence by Surgeon Mr James Wisheart and hospital manager Dr John Roylance – who were struck off following a study into the deaths of 29 babies at the hospital between 1988 and 1995 – and Dr Janardan Dhasmana, who was barred from performing heart surgery at a disciplinary hearing in 1999.

Approving the awards, which were agreed by United Bristol Healthcare NHS Trust without admission of liability, Mr Justice Owen praised the families of both teenagers for the dedicated care they had given over the years.

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