Clinical Malpractice in Hospital Archives - Page 3 of 4

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.

May 29 2012

Paramedic Awarded Compensation for Brain Surgery Negligence

Clinical Malpractice in Hospital, Hospital Medical Malpractice

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.

Apr 29 2012

Family to Receive Compensation for Hospital Misdiagnosis of Meningitis

Clinical Malpractice in Hospital, Doctor Malpractice in Hospital, Hospital Medical Malpractice

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.

Feb 22 2012

Woman to Receive Compensation for Hospital Surgical Procedure Error

Clinical Malpractice in Hospital, Hospital Medical Malpractice

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.”

Jan 27 2012

Hospital Medical Negligence Claims Against NHS Rise due to Increased Awareness

Clinical Malpractice in Hospital, Doctor Malpractice in Hospital, Hospital Medical 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.”

Dec 07 2011

Cancer Misdiagnosis Victim Wins Hospital Medical Negligence Claim

Clinical Malpractice in Hospital, Doctor Malpractice in Hospital, Hospital Medical Malpractice

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.

Nov 23 2011

Baby Tube Hospital Medical Negligence Claim Settled

Clinical Malpractice in Hospital, Hospital Medical Malpractice

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.

Sep 09 2011

15,000 Pounds for Missed Severed Tendon Hospital Diagnosis

Clinical Malpractice in Hospital, Hospital Medical Malpractice

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.

Jan 16 2011

Hospital Infection Compensation Award Tops 8 Million Pounds

Clinical Malpractice in Hospital, Hospital Medical Malpractice, Hospital Medical 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.

Dec 16 2010

Hospital Birth Injury Claim Won by 33 Year Old Man

Birth Injury in Hospital, Clinical Malpractice in Hospital, Hospital Medical Malpractice

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.

Oct 24 2010

Hospital Operation Debris Leads to 350,000 Pounds Compensation

Clinical Malpractice in Hospital, Hospital Medical Malpractice

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.

Archive for Category: Clinical Malpractice in Hospital

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