LEGAL SERVICES FOR YOU October 2024 | AshtonsLegal.co.uk
Medical Negligence News
Multi-million pound settlement following misdiagnosed pulmonary embolism leading to stroke
FG was a fit and healthy mother of four aged 26 who had given birth to her fourth child.
Sharon Allison, partner and head of medical negligence at Ashtons Legal, helped FG secure a multi-million pound compensation settlement to enable her to continue her life caring for her family with the assistance of care support and the equipment she will need to deal with her permanent injuries. Sharon Allison was supported by assistant solicitor Alex Thomson and by Emily Formby KC of 39 Essex Chambers.
FG had a family history of blood clots and following the birth of her fourth child she was prescribed anti-coagulant medication to prevent formation of blood clots and developing a deep vein thrombosis.
Almost three weeks after the birth of her fourth child she presented at A&E of the Defendant hospital with a persisting cough and shortness of breath. She had been to see her GP the day before and had been given antibiotics for a suspected chest infection.
The claim settled in June 2024 following a successful round table meeting between the parties.
Sharon Allison says: “The circumstances of this case would be devastating for anyone but none more so than a mother of four who had only recently given birth. Sadly the consequence of the failure to identify a pulmonary embolism despite her seeking timely and urgent medical attention has left her with permanent and life changing injuries. The damages claimed can never properly compensate FG for the impact that this has had on her and her young family or the adapted life she will now have to lead for the rest of her life, but it will go someway to providing her with the financial security that she can afford to make the changes necessary to try to live as normal a life as possible. It was a privilege to work with FG and to support her through the process which was made significantly easier with a collaborative and cooperative approach from the Defendant lawyers and insurers (NHSR)”.
Ashtons’ support bereaved family after death of 11-year-old following delay in diagnosis of appendicitis
Ashtons was instructed in late 2021 following the death of LB, an 11-year-old child, after a delay in diagnosis of appendicitis.
LB was seen by a GP and referred to the James Paget University Hospital, from there to the Norfolk & Norwich University Hospital, then to Addenbrooke’s Hospital and finally to King’s College Hospital for final care, where LB sadly passed away in June 2021.
The family raised questions regarding the care provided to their child by the GP, the James Paget Hospital and the Norfolk and Norwich University Hospital. Support and advice was also provided to the family with regard to the ongoing Inquest proceedings.
The family were supported and advised through to settlement by Ali Masterson of the Medical Negligence team.
Maternity crisis: Coroner makes London-wide recommendations for the safe running of Midwife-Led Units following the death of baby Finn Kennedy
Finn Kennedy was born at the Oasis Birth Centre, in the Princess Royal University Hospital on 23 June 2021. He sadly died on 1 July 2021 at eight days old. An inquest into his death has found that failings in the care at the birth centre contributed to his death. The coroner concluded that a failure to properly monitor Finn’s heart rate during the second stage of labour, as well as a lack of clear leadership within the birthing centre, contributed to his tragic death.
Upon arrival at the Princess Royal University Hospital, Ruth and Martin were forced to wait over an hour in a corridor before being triaged and assessed. Ruth waited, without support or review, to be seen whilst suffering from severe and frequent contractions before being sent to the birth centre to deliver Finn. Once Ruth reached the second stage of labour and felt the urge to push, the midwives doubted that she had reached full dilation, telling her not to push and had to be persuaded to perform a vaginal examination. The second stage of labour continued for over two hours, with Finn’s head visible for a prolonged period of time. Despite Ruth and Martin’s concerns about Finn’s wellbeing, there was no sense of urgency, no plan to expedite Finn’s birth and no obstetric support was requested.
Bethany Kyle, Solicitor in the Medical Negligence team at Ashtons Legal, who represents the family comments:
"The launch of the government’s Birth Trauma Enquiry is a reminder that the poor maternity care Ruth and Martin experienced is a widespread and national issue. Ruth’s concerns and instincts were wrongly dismissed by the midwives present, an issue which is central to the enquiry. We hope that the enquiry represents a step towards improving standards and avoiding the needless loss of babies like Finn."
Settlement obtained following delayed diagnosis of Testicular Torsion
Alex Thomson, Medical Negligence Solicitor at Ashtons Legal, has obtained a £29,000 settlement for a young man, Mr X, who unfortunately suffered the loss of a testicle due to the delayed diagnosis of testicular torsion at A&E.
Mr X began to notice some faint lower abdominal pain accompanied by pain in his left testicle. However, he was able to continue with his normal duties. The following day, he awoke to find that these symptoms had worsened and were accompanied by some swelling. He travelled to A&E straight away and presented with both testicular pain and swelling.
Although he was initially referred for suspected testicular torsion, he waited for 5 hours to be seen. During this time, his pain and swelling began to worsen. He was eventually seen in the evening and assessed by a junior doctor, who concluded that Mr X was suffering from an infection, likely epididymal-orchitis (an infection of the tube at the back of the testicle) before discharging him with antibiotics. An ultrasound scan was booked for over two weeks later.
Mr X then experienced severe pain over the next three days. He telephoned 111 and was advised to stay at home in order to allow for the medication to work. He continued to be in severe pain and phoned the hospital to arrange an urgent appointment to bring his scan forward. A testicular ultrasound was performed four days after discharge, which reported that Mr X’s testicle was non-vascular due to missed testicular torsion.
Mr X’s left testicle was unfortunately unable to be saved. He underwent a left orchidectomy (removal of testicle) before being discharged later that day.
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Ashtons obtain £10,000 following an Inquest into death of a patient
Ali Masterson, Trainee Legal Executive with the Medical Negligence Team, has obtained a settlement of £10,000 for the family of BB following his death whilst under the care of the Oxleas NHS Trust in January 2021.
Ashtons Legal were instructed by the family of BB regarding a civil claim and inquest representation following the death of BB in January 2021. The two day inquest took place in March 2024 where the Coroner heard evidence regarding BB’s care by Scadbury Ward, Green Parks House, from his admission in December 2020 through to his death by taking his own life on 29 January 2021.
The family raised questions regarding the risk assessment process on the Unit regarding ligatures, failure to recognise increased risk to life following suicidal thoughts and a Covid diagnosis and subsequent monitoring and care. The Coroner identified that there was a ligature management policy of which staff were aware but which did not expressly identify the risk that ligatures could be constructed from smaller items. There had been a failure to conduct a risk assessment in respect of a gift bag which had been provided to BB by the Ward as a Christmas gift and whether it could be used to make a ligature; had such a risk assessment been conducted then the bag would have been identified as a potential ligature risk. The Coroner recorded that the cause of death was ligature strangulation and Covid-19 Infection.
Urgent orthopaedic review in progress at Great Ormond Street Hospital
Following on from the initial report in the Sunday Times in February 2024, it is now confirmed that Great Ormond Street Hospital (GOSH) is conducting an urgent review of 721 paediatric patients after concerns were raised about the surgeon, Yaser Jabbar.
Mr Jabbar, a Consultant Orthopaedic Surgeon, was part of the GOSH lower limb reconstruction service from 2017 until he left the service in September 2023. Mr Jabbar has not had a licence to practice in the UK since January 2024, and his GMC registration is under strict conditions, which include a duty to notify of practice and a requirement for supervision.
Prior to her passing, Mrs X enjoyed gardening. She sustained a scratch to her leg from a garden cane which despite cleaning became infected. A few days after seeking advice at the out-of-hours GP, Mrs X awoke with symptoms of struggling to breathe, her jaw had locked and she was experiencing stiffness in her back and shoulders, all of which are strong indicators of a tetanus infection.
Following concerns raised by the patients’ families, GOSH requested the Royal College of Surgeons (RCS) to review their paediatric orthopaedic department. The confidential RCS report, leaked to the Sunday Times in February 2024, not only raises concerns regarding a former surgeon but also highlights a “dysfunctional” surgical department with parents unable to have their concerns recognised and dealt with in a timely manner.
Out of the 721 paediatric patients identified, 39 cases have so far been reviewed and of those 39, 22 children have been identified as being harmed with 13 of those classified as suffering “severe harm” which includes potential lifelong injuries. A further 456 cases have been identified for senior nurse/paediatric review but are not considered as needing urgent attention.
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