Clinical Malpractice in Hospital

If you have suffered a loss, an injury or the deterioration of an existing condition due to clinical malpractice in hospital, you could be entitled to compensation. A compensation claim for clinical malpractice in hospital has to show that you sustained an avoidable injury which “at the time and in the circumstances” was attributable to the poor professional performance of a medical practitioner who owed you a duty of care. However, unlike most other types of personal injury claim, a compensation claim for clinical malpractice cannot be processed by the Injuries Board Ireland and you will need the services of an experienced hospital negligence solicitor to negotiate for a settlement of hospital clinical malpractice compensation with the negligent medical practitioner´s insurers or to represent you in court when necessary.

HSE Apologises for Portlaoise Hospital Childbirth Negligence

February 4th, 2014. By negligence.

Dr Philip Crowley – the National Director of Quality & Patient Safety at the Health Service Executive – has apologised on behalf of the HSE to four families who lost a child due to hospital childbirth negligence at Portlaoise Hospital.

The apology by Dr Crowley was made shortly before an RTE Prime Time television program was scheduled to be broadcast, which highlighted tragic failings in the standard of care at the hospital which led to four perinatal deaths during, or shortly after, the delivery of the babies.

The program – “Fatal Failures” – primarily focused on the story of Roisin and Mark Molloy from Tullamore, County Offaly; whose son Mark died shortly after being delivered on 24th January 2012.

Roisin and Mark had to fight a four-month battle before the hospital acknowledged that their son was still breathing when he was delivered – a condition that is required before an inquest can be held into a fatality.

The hospital´s own investigation into Mark Molloy´s death extended over twenty months – a delay which Dr Crowley described as “lamentable”. He also acknowledged that the Molloys had been deliberately misinformed when they asked questions about the death of their son.

A subsequent independent clinical review into Mark´s death reported “failures in the standard of care provided were casually linked to the foetal hypoxia damage that occurred [and the death of baby Mark]” and made recommendations to prevent such tragedies in the future.

However, as the RTE Investigation Unit discovered, the hospital childbirth negligence continued, and was responsible for the death of three more children due to foetal hypoxia. Two of the deaths were investigated internally, but the parents of the dead children were never advised of the outcomes.

The RTE investigators found that none of the measures that had been recommended following Mark Molloy´s death had been put into practice, and that there was an extreme shortage of midwives to provide as “safe” level of service.

Indeed, whereas the HSE recommends a ratio of one midwife for each twenty-eight women in the later stages of pregnancy, the Portlaoise Hospital had one midwife for every seventy-five expectant mothers – leading to “a lack of understanding of a deteriorating condition resulting in a failure to seek timely medical assistance”.

RTE investigators were also shown a letter written in 2006 by the hospital staff to the then Minister for Health Mary Harney and Minister for Finance Brian Cowen. In the letter concern was expressed over staffing levels at the hospital – a situation had been made clear to the hospital management, but no action had been taken.

The letter concluded by saying there was a “real fear” in the midwifery department that a mother or baby would die before the staffing issues were resolved.

The current Minister for Health James Reilly was invited onto the Today radio show, where he was asked about the hospital childbirth negligence that had taken place at Portlaoise Hospital.

The Minister said that the situation was “utterly unacceptable”, and that he planned to conduct a further investigation into the failings of care at the hospital and the deception that the parents of the dead children had experienced.

“I have asked the Chief Medical Officer to give me a report”, he stated, “It won’t take long and I will take action to make sure that this never happens again.”

Woman Wins Medical Negligence Claim for being Given Wrong Medicine

January 24th, 2014. By negligence.

A woman in Philadelphia was won her medical negligence claim for being given the wrong medicine, after a mistake at her local surgery caused her to go into cardiac arrest.

Jacqueline DiTore attended the Abington Surgical Centre in Pennsylvania on 7 June 2010 for an elective nasal procedure. Before starting the procedure, her surgeon – Dr Warren Zager – asked a nurse to prepare an anaesthetic injection of 1 percent lidocaine to soak some cotton balls soaked in a nasal decongestant (Afrin) to control the bleeding during the procedure.

The nurse poured the nasal decongestant into a bowl in order to soak the cotton balls before preparing the anaesthetic; but a second nurse mistook the contents of the bowl as lidocaine, drew the liquid into a syringe which she then passed to the doctor. Unaware that the syringe contained decongestant, Dr Zager injected the Afrin into Jacqueline´s nose, and then started to prepare for the surgery.

An anaesthetist present in the operating theatre noticed that Jacqueline´s heart rate had fallen to 36 beats per minute and – unaware that Jacqueline had been injected with enough Afrin to cause a 100-fold increase in vasoconstrictive activity (the narrowing of the blood vessels) – administered an anticholinergic which returned Jacqueline´s heart rate to 80 beats per minute.

When Dr Zager returned to begin the procedure, Jacqueline still had a sensation in her nose and the doctor asked for more 1 percent lidocaine. He was told that the surgery only had 2 percent lidocaine and it was then that the mistake with the nasal decongestant was discovered. Dr Zager chose to continue with the procedure regardless, and administered the 2 percent lidocaine into Jacqueline´s nose.

Following the injection of lidocaine, Jacqueline´s heart rate soared to 140 beats per minute and her blood pressure registered 260/150. At that point labetalol (a drug used to lower high blood pressure) was administered which caused Jacqueline´s blood pressure to crash and she went into cardiac arrest. Jacqueline was rushed to nearby Abington Memorial Hospital where she was resuscitated.

It soon became apparent that Jacqueline had suffered brain damage during the cardiac arrest which left her with impaired cognitive abilities, difficulty with her speech and vision, and short-term memory loss. Doctors advised her that her brain injury is likely to deteriorate as she gets older and, after speaking with a solicitor, Jacqueline made a medical negligence claim for being given the wrong medicine.

Both the Abington Surgical Centre and Dr Zager denied that they were liable for Jacqueline´s injury; arguing that Dr Zager was right to continue with the nasal procedure as the anaesthetic administered in the second injection did not compound the effect of the Afrin, and therefore did not contribute to her reaction. It was also claimed that Jacqueline was “high-functioning”, and that her condition was not as serious as she had claimed.

Jacqueline´s medical negligence claim for being given the wrong medicine went to Montgomery County Court in Philadelphia before Judge Thomas M. Del Ricci. After several weeks of testimony and deliberations, the jury returned a verdict in Jacqueline´s favour. The jury considered Dr Zager to be 38.5 percent negligent for Jacqueline´s brain injuries and the Abington Surgical Centre 61.5 percent negligent. They awarded her $5.1 million compensation.

Inspectors Find Hygiene Problems in Hospitals

August 26th, 2013. By negligence.

Inspectors from the Health Information and Quality Authority have published a series of reports identifying hygiene problems in hospitals which could result in patients developing serious infections.

The Health Information and Quality Authority (HIQA) is an independent authority which examines the quality, safety and accountability of the health service in Ireland. Under health legislation, these standards are applicable to services provided by or on behalf of the Heath Services Executive (HSE), as well as services provided by nursing and independent care homes – with particular scrutiny on services for children, older people and persons with disabilities.

In June, HIQA conducted a series of inspections, and found serious hygiene problems in hospitals in Ireland. Their reports have just been released, with the five hospitals most seriously in breach of the National Standards for the Prevention and Control of Healthcare Associated Infections being identified as:-

Waterford Regional Hospital

Among a litany of hygiene issues, HIQA inspectors discovered that patients with suspected communicable diseases were accommodated in the main area of the emergency department (because the isolation room was being used as a storeroom), that the hand hygiene of staff working in the Emergency Department was inadequate and risked spreading healthcare associated infections to other patients, and that the Emergency Department environment – and the equipment used in it – was generally unclean.

Navan Hospital

The authority found that the Emergency Department at Navan Hospital (with some exceptions) was generally unclean, and that it was not effectively managed to reduce the spread of infections. There were also hygiene problems in the hospital´s female medical ward – where patients and visitors were not adequately protected from the risk of healthcare associated infections.

Portiuncila Hospital

In Portiuncila Hospital in Ballinasloe, inspectors found an inadequate management of risk infection in breach of the National Standards for the Prevention and Control of Healthcare Associated Infections and also that uncontrolled access was allowed to hazardous clinical waste material. There was also a failure to utilise security measures already in place to prevent access to medical equipment by the general public.

St Michael´s Hospital, Dun Laoghaire

At St Michael´s Hospital, inspectors found hygiene problems in the hospital´s toilets and showering facilities for patients – where mould had been allowed to develop – and identified that hand hygiene practices were generally inconsistent with the National Standards and posed a risk of transmitting infections to patients.

Louth County Hospital

Finally, at Louth County Hospital, medical care being provided in isolation rooms in a stepdown ward was not compliant with national hygiene standards, and inspectors discovered two cases where patients with known transmissible infections were cared for in isolation rooms where the doors onto the general ward were left open as standard practice.

The five establishments above that have been identified as having hygiene problems in hospitals will be required to develop a quality improvement plan which should be published on the hospital´s website within six weeks.

Support Groups Disagree over Compensation for Symphysiotomy Operations

August 20th, 2013. By negligence.

Groups representing the victims of medical procedures carried out in Ireland between the 1940s and 1990s, to aid childbirth as an alternative to a Caesarean Section, have publicly disagreed about the right path to take in order to recover compensation for symphysiotomy operations.

Following a meeting with Minister for Health James Reilly at the beginning of the month, Patient Focus and SOS Ltd issued a joint statement in which they supported a proposal by James Reilly to determine compensation for symphysiotomy operations through a negotiated mediation with a judge rather than litigation in the courts.

However, speaking at a Survivors of Symphysiotomy emergency general meeting in Dublin, chairperson Marie O´Connor declared that the proposed scheme is exploitative and they do not want to be involved in it – stating that the system proposed by James Reilly “seeks to buy their silence”.

Comparing it to a Magdalene-type solution, Ms O´Connor claimed that Minister Reilly´s proposals were based on the draft findings of the Walsh Report due to be published in the autumn, in which it was determined that the majority of the symphysiotomy operations that were carried out were “medically acceptable” at the time.

Ms O´Connor said that Minister Reilly is yet to openly admit that a wrong had been committed and called on the government to proceed with legislation removing the Statute of Limitations for symphysiotomy claims, which first passed its Private Members Bill stage back in April, but has since failed to progress to committee stage.

Survivors of Symphysiotomy are seeking compensation for symphysiotomy operations of between €250,000 and €450,000 for each victim and have argued that, by not acknowledging that hospitals and medical practitioners were negligent when performing symphysiotomy procedures, the government is denying victims access to justice and a “fair and equitable” settlement of their claims.

One Step Closer to Compensation for Symphysiotomy Survivors

April 17th, 2013. By negligence.

The prospect of compensation for symphysiotomy survivors moved one step closer last night when the second stage of Caoimhghín Ó Caoláin Private Members Bill to introduce a one year window in the Statute of Limitations passed through the Dáil unopposed.

Many of the women who underwent symphysiotomy and pubiotomy procedures without their knowledge or consent were in the Dáil to hear the Sinn Féin’s Health Spokesman introduce his Bill by saying “Lifting the statute bar – unanimously recommended by the Joint Oireachtas Committee on Justice in June 2012 – would obviate procedural battles and ensure unfettered access for all to the courts. Judges here have no discretion in relation to the statute bar, as they do in other common law jurisdictions”.

The issue that faced the survivors of symphysiotomy procedures – carried out in Ireland between the 1940s and 1990s to aid childbirth as an alternative to a Caesarean Section – is that their right to claim compensation for symphysiotomy injuries was time-barred by the Statute of Limitations. Caoimhghín Ó Caoláin´s proposed legislation would open a one-year window to enable claims for compensation for symphysiotomy survivors to be processed through the courts.

The Government had already indicated that they would not oppose the proposed Private Members Bill, and Health Minister Dr. James Reilly received a warm reception when he announced that he would ensure that legislation to allow compensation for symphysiotomy survivors would be put in place by the end of the year. “Actions must bring closure for those who have been harmed, and who we cannot give back their lives,” he said. “But we can ensure resources flow to them and not elsewhere.

A spokesman for the Department of Health believes some work needs to be done on the drafting of the legislation for it to pass through the committee stage and into law, but Dr. Reilly indicated in his speech that he would brief the Government further once he receives the final independent Walsh Report.

Failed Sterilisation Compensation Awarded by High Court

February 19th, 2013. By negligence.

The High Court has awarded a mother €100,000 for failed sterilisation compensation after the son she was never supposed to have died after only six months of life.

Karen Hurley-Ahern (41) from County Limerick, underwent the sterilisation operation in February 2001 after finding from her GP that she had an unusual blood-clotting disorder that would pose a risk to herif ever she were to fall pregnant again.

The operation was carried by gynaecologist Dr Victor Moore at the Tralee General Hospital, but in April 2002 Karen became pregnant once more and, after a difficult pregnancy, gave birth to baby Samuel on 10th October 2002 – six weeks prematurely and by emergency Caesarean section.

Samuel experienced severe abnormalities which were unrelated to Kare’s sterilisation operation, and stayed in hospital for six months – kept alive by a series of life-support machines. In April 2003, Samuel experienced a severe heart attack and Karen and her partner – Garrett Ahern – made the difficult decision to turn off the life-support machines.

After seeking legal guidance, Karen and Garrett began a claim for failed sterilisation compensation against Dr Moore and the Southern Health Board (now the Health Service Executive), for the pain and trauma the couple had been through due to the unsuccessful sterilisation procedure.

Dr Moore and the HSE did not accept liability – alleging that the operation had been performed correctly and the couple had been advised that there was a chance of failure. However, in the High Court in Dublin, Mr Justice Sean Ryan ruled in favour of the now-separated claimants – recognising that Samuel’s disability was not as a result of the failed sterilisation procedure, but stating that Karen had suffered to a major extent due to the defendant´s negligence.

Awarding Karen €100,000 in failed sterilisation compensation, Mr Justice Sean Ryan stated that the award was in respect of the worry she had suffered when she found she was pregnant, the pain of childbirth, the distress of Samuel’s illness and distress after his death. However, no compensation award was made to Garrett as – according to Mt Justice Sean Ryan – while he had undoubtedly endured emotional trauma, there was no evidence Garrett had sustained a defined psychiatric injury.

Delayed Eye Injury Diagnosis Claim Heard in Court

October 26th, 2012. By negligence.

A former student, who suffers severe spasticity of the limbs and has eye movement problems allegedly due to the negligence of a Galway hospital, has had his delayed diagnosis of an eye injury claim heard in court.

Seamus Walshe Jnr (27) of Taylor´s Hill, Galway, was a 21-year-old student in a course of construction studies when he first started suffering problems with his eyes in 2006 whenever he looked upwards. His symptoms deteriorated to the point where upward eye movement left him feeling nauseous and he would being to vomit.

Seamus attended Galway University Hospital with his problems, but was told after a neurological examination that there was nothing seriously wrong with him and he should get used to having persistent problems with his eyes.

Seamus went back to Galway University Hospital later in the year when he started to develop pains in his head and underwent a scan which revealed a brain tumour. He was referred to Beaumont Hospital in Dublin where he had surgery to remove the tumour in May 2007.

However, issues during the brain tumour operation resulted in severe haemorrhaging around the brain and Seamus was kept in intensive care for nine weeks following surgery. When he started to recover, he was sent back to Galway University Hospital in November 2007.

Ms Justice Mary Irvine at the High Court heard that in September 2008 Seamus was sent to the National Rehab Centre but, because of the alleged negligent treatment he had received, was restricted to a wheelchair with spasticity of the limbs and had problems moving his eyes.

Seamus made a compensation claim for the delayed diagnosis of his brain tumour through his father, Seamus Snr, claiming that had he had a scan when he first attended the Galway University Hospital, the tumour would have been discovered earlier and he would have been referred to the Beaumont Hospital sooner.

A second claim was made against the Beaumont Hospital for opting to perform brain surgery when treatment with chemotherapy and radiotherapy had resulted in long term survival rates of up to 90 percent.

Both the Health Service Executive – on behalf of Galway University Hospital – and the Beaumont Hospital denied their liability for Seamus´ injury, but Ms Justice Mary Irvine heard that a negotiated settlement of 2.5 million Euros in compensation for the delayed diagnosis of a brain tumour had been settled on without admission of liability.

The settlement of compensation is intended to provide Seamus with the care he needs for the next three years, after which time a structured periodic payment system would provide for his future care if legislation was introduced by the Government in time to allow such a payment structure.

Paramedic Awarded Compensation for Brain Surgery Negligence

May 29th, 2012. By negligence.

An ex-paramedic, who was left severely disabled after doctors removed the wrong part of his brain, has accepted a seven figure settlement of compensation for brain surgery negligence from the NHS Trust responsible for the error.

John Tunney (63) from Sutton Coldfield, West Midlands, went under the operation in April 2008 after an MRI scan had revealed abnormalities around his pituitary gland. However, instead of abstracting the tumour, surgeons took away healthy tissue during the operation which resulted in John´s brain hemorrhaging.

The error left John partially blind and requiring 24 hour care. He later learned that the operation had not even been necessary as doctors had failed to check the results of a blood test which would have revealed that John was suffering from prolactinoma – a benign and common pituitary tumour which can be medically treated with tablets.

After taking legal advice, John – who worked for the West Midlands Ambulance Service as a paramedic for 23 years – made a claim for brain surgery negligence compensation against the University Hospitals Coventry and Warwickshire NHS Trust and, after an investigation, the NHS Trust admitted liability for the dual error.

John´s solicitors entered into negotiations with University Hospitals Coventry and Warwickshire NHS Trust over how much compensation for brain surgery negligence should be awarded and, although details of the final settlement have not been released, a settlement in excess of one million pounds has been agreed.

Family to Receive Compensation for Hospital Misdiagnosis of Meningitis

April 29th, 2012. By negligence.

The family of a six-year-old girl, who were told their daughter was well enough to return home when suffering from pneumococcal meningitis, are to receive an anticipated seven figure payout in compensation for hospital misdiagnosis of meningitis.

Kate Pierce from Wrexham, North Wales, was just nine months of age when she developed the infection and was taken to Wrexham´s Maelor Hospital. A junior doctor diagnosed Kate with viral tonsillitis and advised her parents it was safe to take her home. When asked if they could have a second opinion, Kate´s parents were told that the guidance of a senior doctor had been sought when it in fact had not.

Kate´s parents took the little girl home but, when her condition deteriorated further, returned to the hospital the next day. On their return Kate was properly diagnosed with pneumococcal meningitis and transferred to Liverpool´s Alder Hey Children´s Hospital. However, Kate had already suffered severe brain damage and now suffers from chronic lung disease, severe epilepsy and is registered both blind and deaf.

The family took legal counsel about claiming compensation for hospital misdiagnosis of meningitis and sued the Betsi Cadwalader University Health Board for medical negligence – claiming that the severity of Kate´s condition could have been avoided if she had been diagnosed correctly. After an investigation into the misdiagnosis claims, Betsi Cadwalader University Health Board admitted 75 per cent liability for Kate´s injuries and, at Mold County Court, a judge heard that a compromise situation had been reached.

How much compensation for hospital misdiagnosis of meningitis Kate´s family will receive will be decided at a hearing later this year.

Woman to Receive Compensation for Hospital Surgical Procedure Error

February 22nd, 2012. By negligence.

A Nottingham woman, who was left with cerebral palsy after being starved of oxygen during a routine operation when she was a baby, has been awarded a six-figure settlement of compensation for hospital surgical procedure error at London´s High Court.

Stacey Jayne Smith (24) was brought to Nottingham City Hospital in 1988 with a high temperature and doctors, suspecting gall stones, scheduled an operation to removed Stacey Jayne´s gall bladder. However, as Mr Justice Tugendhat at the High Court heard, during the surgical procedure Stacey Jayne´s bowel was punctured and she went into cardiac arrest.

Although she was resuscitated, Stacy Jayne´s heart had stopped and she suffered catastrophic brain injuries as a result. Stacey Jayne now has cerebral palsy and had to cope throughout her childhood with severe learning difficulties and experiences problems with walking long distances.

Stacey Jayne´s parents made a hospital negligence claim against the East Midlands Strategic Health Authority (EMSHA) who, after an investigation, acknowledged their error and agreed an undisclosed settlement of compensation for hospital surgical procedure error which is believe to be in six figures.

Approving the hospital compensation settlement, Mr Justice Tugendhat said “I do express my sympathy to Stacey’s family and wish them all the best for the future. Stacey has been very fortunate in the support her family has given her, so lovingly, for so long.”

Hospital Medical Negligence Claims Against NHS Rise due to Increased Awareness

January 27th, 2012. By negligence.

Increased awareness of patient rights has resulted in a dramatic increase in hospital medical negligence claims against the National Health Service (NHS). According to government figures, the number of claims made in the past five years has gone up from 5,697 to 8,655 per year, and has forced the NHS Litigation Authority to seek additional funding from the Health Secretary, Andrew Lansbury.

Tom Fothergill, financial director of the NHS Litigation Authority, admitted that marketing campaigns by “No Win, No Fee” solicitors had added to the public body´s financial shortfall and had added a premium to legal costs. However, he was also eager to point out that legislation which linked the wages of claimants´ carers to earnings rather than inflation has also led to increased amount of payouts.

With approximately 100 hospital medical negligence claims a year relating to birth injury compensation, and the average value of each claim close to 6 million pounds in the lifetime of the child, an improvement in the survival rates of brain damaged babies – who will require a lifetime of care – has also placed significant strain on the NHS Litigation Authority´s budget.

A further 185 million pounds is needed by the NHS Litigation Authority to prevent it running out of money by the end of the fiscal year, a sum which has been approved by Mr Lansbury and health minister Lord Howe. Following the announcement of the bail-out Lord Howe revealed “Following a review of claims, we have made additional funds available to the NHS Litigation Authority in order to make sure that those claimants who are entitled to compensation receive it in a timely way.”

Cancer Misdiagnosis Victim Wins Hospital Medical Negligence Claim

December 7th, 2011. By negligence.

A woman who had her stomach erroneously removed after being misdiagnosed with cancer has won her hospital medical negligence claim and received an undisclosed settlement from Mid Staffordshire General Hospitals NHS Trust.

The 74-year-old woman from Rugeley, Staffordshire, had the surgery in 2004 after doctors told her that a tumour in her stomach was malignant. She later was told by support medical staff that her test results had been misinterpreted and that the tumour was benign.

Due to her operation and long recovery period the woman, who wishes to remain anonymous, has lost a significant amount of weight and suffers from painful digestive problems. She has been unable to carry on in the voluntary work she did before the operation and now requires regular care and assistance.

The undisclosed out-of-court hospital medical negligence claim settlement has been calculated to include the psychological trauma of being told that she had a life-threatening tumour inside of her and the deterioration in her quality of life due to the unnecessary surgery. It will allow the woman to receive a higher level of care in the future and support to help her recover from her emotional ordeal.

Baby Tube Hospital Medical Negligence Claim Settled

November 23rd, 2011. By negligence.

A couple from Staffordshire have been awarded an undisclosed baby tube hospital medical negligence settlement after their son coughed up a tube which had been left in his throat following a surgical procedure.

Claire Thomas of Cannock, Staffordshire, had just given birth to her son, Owen, at the Stafford Hospital in February 2007 when the error happened. Owen had been a difficult birth, and because he had suffered shoulder dystocia during the delivery, an endotracheal tube had been inserted into his throat to enable him to breathe.

Due to the birth difficulties, Claire and Owen were still in the specialist care unit at Stafford Hospital ten days later when Owen started choking. Claire slapped him on the back, and Owen brought up the six inch tube which had been left in his throat following the procedure.

After taking legal guidance, Claire and her husband, Kevin, filed a hospital medical negligence claim against the Mid-Staffordshire NHS Foundation Trust which has now been resolved for an undisclosed sum. Owen, their son, has luckily suffered no long-term consequences as a result of the hospital oversight.

15,000 Pounds for Missed Severed Tendon Hospital Diagnosis

September 9th, 2011. By negligence.

A renowned magician, whose doctor´s overlooked a severed tendon in his hand which threatened to end his career, has been awarded 15,000 pounds in an out-of-court settlement of his missed severed tendon hospital diagnosis claim.

Kyle Summers (40) from Burbage, Wiltshire, had gone to the Accident and Emergency Department of the George Eliot Hospital in Nuneaton after a cup he had been cleaning shattered in his hand. Doctors at the hospital took an x-ray of Kyle´s left hand to make sure that there was no china lodged in his thumb and then stitched the wound up and sent Kyle home.

When Kyle started to experience difficulty performing his magic tricks, he decided to have the hand looked at by his GP, but because the notes made at the hospital indicated that there was no damage to the tendon – even though the cut on Kyle´s thumb had been deep enough to reach the bone – the GP and a physiotherapist decided that the tendon had swollen.

It was after another check-up six weeks later that the true cause of the problem was identified. Kyle had to undergo two operations to insert a rod in his wrist and attach a thicker tendon before the injury started to mend. Only after months of intense specialist physiotherapy did Kyle gain the dexterity in his hand to allow him to work again.

After seeking legal guidance, Kyle sued the George Eliot NHS Trust for medical negligence and, in an out-of-court settlement, received 15,000 pounds for the missed diagnosis of his severed tendon.

Hospital Infection Compensation Award Tops 8 Million Pounds

January 16th, 2011. By negligence.

A 13 year old girl, who sustained brain damage after her premature birth due to a hospital “superbug”, has been awarded a hospital infection compensation package worth in excess of 8 million pounds at the Royal Court of Justice in London.

The court was told how Ayesha Canning-Kishver from Coventry, West Midlands, was delivered at 25 weeks and 3 days at Birmingham City Hospital in July 1997. At just 1lb and 12 ounces, and suffering from mild periventricular leukomalcia, she was immediately transferred to a special neonatal care unit where she appeared to improve over the following seven days.

However, Ayesha contracted a double infection of staphylococcus epidermidis and klebsiella due to bacteria associated with medical devices – such as indwelling catheters – and nearly died. The resuscitation process lead to Ayesha sustaining brain damage, and she will require around the clock care for the rest of her life.

The allegation of hospital infection medical negligence was brought against Sandwell and West Birmingham Hospitals NHS Trust by Ayesha’s mother, Shahana Kishver, on the grounds that a breach in the hospital’s duty of care led to delay in the infections being diagnosed and treated.

Sandwell and West Birmingham Hospitals NHS Trust had initially refuted the claim, stating that their staff were blameless and Ayesha’s condition was due to her premature birth. However, a High Court hearing in 2008 found Birmingham City Hospital liable for the infection.

Announcing the hospital infection compensation package at the Royal Court of Justice, the Honourable Mr. Justice Neil Butterfield stated that “This should not be viewed as a ‘lottery win’ – rather it will be used to fund the lifetime of care which Ayesha will need.”

Ayesha’s hospital infection compensation package consists of an immediate lump sum payment of 1.3 million pounds, with annual payments of 70,000 pounds a year until Ayesha reaches the age of 18, with payments increasing thereafter to 90,000 pounds a year for the rest of her life.

In response to the hospital infection compensation settlement, the Sandwell and West Birmingham Hospitals NHS Trust commented that they regretted the delay to respond to Ayesha’s symptoms.

Hospital Birth Injury Claim Won by 33 Year Old Man

December 16th, 2010. By negligence.

An incredible 33 years after his birth, an Oxfordshire man you suffered catastrophic injuries during his birth, has been awarded a 5.7 million pounds package in a hospital birth injury claim for compensation.

Ian Murphy was born in the city’s John Radcliffe Hospital in 1977. During his delivery his brain was starved of oxygen, resulting in Ian sustaining a cerebral palsy injury and being confined to a wheelchair from birth.

Ian has been always been supported by his parents, who have given day-to-day care since he was diagnosed with the condition. Ian experiences difficulties in communicating and socialising and it was only when his parents started enquiring about suitable accommodation for when they are no longer able to care for him themselves, that they discovered they were entitled to compensation.

After taking legal guidance, they claimed compensation for medical negligence against the South Central Strategic Health Authority, and in the Royal Court of Justice received an apology for errors made during the delivery and approval of a 5.7 million pounds compensation package.

Hospital Operation Debris Leads to 350,000 Pounds Compensation

October 24th, 2010. By negligence.

A 36-year-old man has received 350,000 pounds in hospital operation debris compensation after part of a latex surgical glove was left in his throat following hospital surgery.

Wayne Williams, from Tooting, London, was taken to St. Georges Hospital in South West London for heart surgery in June 2006, during which a tracheotomy was performed to enable him to breathe.

After the surgery, Wayne experienced difficulties breathing and was referred back to the hospital for throat surgery, during which surgeons discovered a small piece of latex left behind in his trachea.

The latex debris was admitted to not only have been the cause of Wayne’s breathlessness, but had additionally permanently scarring his vocal chords.

St. George’s NHS Healthcare Trust accepted liability for medical negligence and the compensation settlement of 350,000 was agreed.

Undiagnosed Brain Tumour Compensation Award Undisclosed

September 14th, 2010. By negligence.

A former Church of England assistant minister, whose brain tumour was left unattended for three years, is to receive a substantial out of court settlement for undiagnosed brain tumour compensation.

Adrian Underwood, 42, from Birmingham, had been particapting in a theology course in Nottingham in 2001, when he started to suffer severe headaches. He was sent to Nottingham University Hospital, where he underwent a brain scan which revealed a growth inside his skull, but no further action was taken and Adrian was discharged – being told he had nothing more serious than a migraine.

Adrian was unable to complete his course – moving back to Birmingham to take the position of a curate. However, his health continued to worsen, and it was during a medical investigation in 2004 to determine why Adrian was losing his sight that the much enlarged brain tumour was noticed after a scan at Birmingham Eye Hospital.

An emergency operation removed a tumour the size of a lemon, which had forced down on Adrian’s brain and formed a lump in his head. Adrian now suffers from regular fatigue and epilepsy due to this oversight – medical conditions which could have been avoided if the tumour had been removed after the initial scan.

Nottingham University Hospitals NHS Trust acceped liability but did not add any further comment.


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