Archive for February, 2016

Claim Settled for Mother who had Surgical Implements Left in her After Birth

Posted on: February 29th, 2016 by Medical Negligence

A woman, who had surgical packaging left in her after she gave birth to her son at the Hull Women and Children’s Hospital, has settled her claim for compensation.

The patient, Elise Cattle – aged twenty-seven – gave birth to her son Freddie in August 2012. However, for months after the birth Ms Cattle experienced sever pain, bleeding and infections that interfered with her ability to care for her new baby. She was unable to carry out basic parental care, and as such Freddie’s grandparents had to undertake the care of the baby, reducing Ms Cattle’s bonding time with her newborn.

After five long months of ineffective treatment through her GP, Elise was referred to a specialist who discovered that surgical packaging used during the birth to stem any bleeding had been mistakingly left inside her. Upon its removal, Elise’s symptoms disappeared.

Elise sought legal counsel before proceeding to make a claim for medical negligence against the Hull and East Yorkshire NHS Trust, who oversee the running of the hospital where she gave birth. An investigation into the mistake was conducted and the Trust admitted full liability for Elise’s injuries. Negotiations were carried out between the parties, and a settlement of compensation of £7,500 was agreed upon.

After the resolution of the claim, Elise recounted to a local paper that: “When I got home from hospital, the pain just got worse and worse. I couldn’t sit down for days afterwards, and had to use a rubber ring to sit on. I was laid on the sofa while my mum and dad did everything. It really affected my bond with Freddie. I felt like I’d failed him.”

Her legal representatives added: “It is accepted by the NHS that these errors are being made simply because healthcare staff and providers are not following clear, simple guidelines.” The Chief Nurse for Hull and East Yorkshire Hospitals NHS Trust, Mike Wright, told the newspaper that “when mistakes do happen, we are committed to being open and honest about them”

High Court Hearing to Determine Outcome for Spinal Abscess Claim

Posted on: February 6th, 2016 by Medical Negligence

The claim for delayed treatment of spinal abscesses – which left a patient paralysed – is to be heard in the High Courts of London later this month.

The male patient – whose anonymity has been preserved for legal reasons – sought treatment for spinal abscesses in the Royal Devon and Exeter Hospital, but the delay in treatment caused them to be paralysed from the waist down. This has meant they are reliant on a wheelchair and constant care from others.

The Royal Devon and Exeter NHS Foundation Trust – who oversee the runnings of the hospital where the male patient received negligent treatment – conceded liability for the delayed treatment, though no consensus has been reached as to how much compensation the patient is entitled to receive. The trust claim that much of the costs of treatment are because of teenage drug abuse, which they are not responsible to pay for.

Taking these factors into account, the NHS Trust have valued the claim at under £1 million, arguing that the patient has maintained a “chaotic” lifestyle whilst wheelchair bound, still connected to drug addicts and other such “undesirable” characters. However, the patient’s own lawyers have estimated the value of the claim to be around £3.4 million.

Lawyers for the claimant argue that to refuse the man compensation because of his dependency disorder would be wrong as it would not allow him to adequately support himself. However, the NHS Trust argue that the patient has a responsibility to stop taking drugs, and that public policy dictates that the claim should be reduced.

The judge presiding over the case has mandated that nothing that can identify the claimant be published because of the sensitive nature. The case is expected to continue for the rest of the week.