Category: Medical Negligence

Decorator who suffered career-ending accident at work awarded £320,000

A decorator who suffered serious tears to tendons and ligaments in his shoulder after a fall from height at work has been awarded a major personal injury compensation payout. The unnamed man stated that he had been working in his industry for over 25 years, but is now unable to work above shoulder-height due to the long-term impacts of his injury, which the court found was due to insufficient safety measures in his workplace.

The 48-year old decorator brought his claim against Newark-based company Caledonian Modular Limited, who initially disputed the claim on the basis that it was “fundamentally dishonest” before conceding a few weeks before the scheduled court hearing that the accident had happened, but denying it had caused the claimant serious injury.

This defence was rejected by the presiding judge, who accepted the witness testimony and the conclusions of an independent medical expert on the aforementioned injuries, leading to the £320,000 compensation award. The judge ruled that the firm had failed in their duty of protection to the worker by not having suitable safety measures in place, leaving them at fault for the accident, the man’s injuries and his inability to work as a painter and decorator.

The incident itself occurred when the man, who was sub-contracted as a painter, was standing on a “step-up” to reach the ceiling he was painting. In his own words, the injury was suffered when “all of a sudden, a flurry of sparks appeared directly on my left-hand side, coming through a circular hole in the unit wall. My reflex reaction was to move away from the sparks, and I twisted my head and neck away, lost my balance and fell backwards off the step, landing on my side on the floor. I got up annoyed at what had happened and immediately went outside to confront the person responsible. He said he’d been told there was nobody in the unit and was removing a metal strip next to the circular cut in the wall.”

The man, from East Yorkshire, also claimed there were a range of psychological, relational and financial impacts stemming from the injury, stating: “My entire personality has changed. Prior to the accident I would describe myself as a happy go lucky kind of person. I now have little interest in anything and am tense and irritable. At the time of the accident I was married, but due to my personality changes my wife and I have now separated. I was a painter and decorator for 25 years, but as I can’t do that anymore I have had to take unskilled work for a much lower wage.”

 

Each year, many people in the UK suffer serious injury due to an accident at work. If you or a loved one have suffered an injury in the workplace that you feel may have been the fault of your employer, you should contact our team of expert personal injury solicitors to explore an accident at work compensation claim. Here at Hampson Hughes, our legal team are available by phone on 0151 236 1222 or 0800 888 6 888, by email at info@hh-law.co.uk or web form via our Contact page. We can discuss the details of your case through a free initial consultation and advise you on a possible claim.

Woman suffers amputation of three limbs after hospital misses case of sepsis

A 31-year old mother of two had to have both of her legs and her right arm amputated after staff at Luton & Dunstable University Hospital failed to identify her sepsis. Magdalena Malec, who also needed to have the fingers of her left hand removed, suffered the amputations due to medical negligence that senior staff at the hospital acknowledge could have been avoided.

Having discovered in December 2014 that she was pregnant with her third child, Magdalena was told a matter of weeks later that she had suffered a miscarriage. In actual fact, she had suffered an ectopic pregnancy, something she only found out when she returned to the hospital on December 25th. While in recovery from surgery she received following the discovery, the hospital staff’s failure to follow their own sepsis protocol led to major complications.

The loss of blood supply caused by medical staff not recognising the classic sepsis warning signs led to Magdalena developing widespread limb ischaemia, which caused much of her body tissue to die, resulting in the multiple limb amputations. Magdalena had to wait for six months for the amputations, returning to the hospital three times each week for dialysis, as she also required a life-saving kidney transplant during the harrowing ordeal.

In her own words, the series of events have drastically impacted her life: “Now my life is not a life, I was waiting for six months for the amputation of my limbs, with decaying legs and arms. Nothing will restore what I have” she stated, going on to share that “I do not trust doctors and am very sceptical about medical appointments and diagnoses. That hospital hurt me badly and I will probably never trust any hospital again.”

Magdalena, whose relationship with her partner Robert broke down during her course of treatment and the pressure of dealing with her new disabilities, has brought a clinical negligence claim against the hospital trust who are responsible for the Luton & Dunstable University Hospital, who say they apologise unreservedly and accept that the outcomes could have been avoided. Magdalena has received an interim compensation amount to help alleviate current financial hardships, with a full settlement expected in due course.

A spokesman for the hospital stated “the Trust wishes to convey its sincere apologies to Ms Malec and recognises that the care provided to her in 2014 fell below the standards that we strive for. The Trust undertook an investigation to examine what improvements could be put in place, and learnings from this were shared in order to prevent similar cases. We would like to assure Ms Malec, and all other patients, that we continue to work towards ensuring the quality of our services are maintained and improved where possible.”

 

The UK Sepsis Trust reports that every year in the UK, around 260,000 people contract sepsis, with over 40,000 of those cases ending in deaths and 60,000 bringing life-changing consequences. If you or a loved one has suffered from a case of sepsis that you believe may have been a result of medical negligence, you should contact our clinical negligence team today. We’re available by phone on 0151 236 1222 or 0800 888 6 888, by email at info@hh-law.co.uk or web form via our Contact page. Get in touch with our expert personal injury solicitors today to discuss the legal options available to you.

Man awarded £7m damages for double radiotherapy dose at Manchester hospital

A 40-year old man who was left with a brain injury after receiving double his intended radiotherapy dose as a 19-year-old, has received a substantial compensation payout for his injuries 21 years later.

The incident, which occurred at Christie Hospital, was the result of ongoing error in his treatment for a brain tumour, with the man receiving his intended overall dosage, but over 10 treatment dates rather than the 20 treatments that should have been administered.

 

The overdose in the intended treatments has left the man with ongoing problems with vision, speech, memory and mobility, with Christie Hospital offering its “heartfelt apologies” for the “serious human error” as they responded in the High Court earlier this week.

The man, who cannot be named for legal reasons, wil be awarded in the region of £7m as a result of his clinical negligence claim, with a family statement after the hearing stating that “the money will secure his future” and that “we hope the NHS have learned lessons from this tragic event, so that nothing like this can happen again and ruin another young person’s life”.

The award is one of the largest clinical negligence compensation amounts to date in the UK, recognising the ongoing error and the level of impact on the young man’s life. It prompted a large-scale review of radiotherapy procedures, with a Christie Hospital spokesperson stating “since these events, the radiotherapy department has considerable strengthened its governance procedures and we now employ highly sophisticated checking systems to ensure this type of error never happens again.”

 

If you or a loved one has suffered any clinical negligence with regards to a cancer misdiagnosis, incorrect treatment, or any other medical issue, it is important to find a trusted clinical negligence lawyer who can help you to explore your claim.

Here at Hampson Hughes Solicitors, we have a strong track record of legal guidance and representation for clients in courts across the UK, including Liverpool, London, Manchester and Birmingham. For more information on your legal options with regards to a claim, contact our team of clinical negligence solicitors by phone on 0151 2361222 or by email on info@hh-law.co.uk as well as various social media feeds listed on our contact page.

Care Home Compensation Claims

Care Home Compensation

Care homes and nursing homes have a legal obligation to ensure that all residents are safe, comfortable and, most importantly, unharmed. Unfortunately, many care homes across the UK have come under scrutiny in recent years with reports of poor care worker standards, levels of negligence and, in severe cases, even abuse.

Placing a family member or loved one into a care home can often be a difficult decision to make, and your choice will have been made in the confidence that a certain level of care will be provided. So, if this trust is broken, you will not only feel that your loved one has been let down, but you will also feel that your trust has been betrayed.

Care home negligence cases

Care home negligence doesn’t just include mistreatment and abuse, it can also include injuries sustained as a result of staff errors or failures. In December 2017, 103-year-old Barbara Doodson, a resident at Reinbek care home in Stockport, sadly passed away after suffering a fall when she was left alone in a care home garden for two hours. Unfortunately, though the care home had been rated as good at its two previous inspections, this incident may have been prevented with better staff supervision.

Other care home negligence cases have included:

  • Failing to provide regular bathing, washing and cleaning
  • Failure to provide suitable lifting aids, medication or medical attention when needed
  • Failure to provide clean bedding and clothing
  • Failure to provide enough food or water, which may lead to dehydration and malnutrition
  • Failure to provide enough supervision to avoid falls and other injuries
  • Failure to prevent pressure sores or ulcers
  • Physical abuse, including; assault and bullying, lack of patient care, threatening behaviour, withholding physical care or medical attention.

Care Home Injury and Negligence Compensation

Unfortunately, however vigilant you are when choosing a care home for your family member or loved one, incidents can happen.

If you, or your loved one, has suffered mistreatment or sustained an injury while a resident at a care home that wasn’t your fault, Hampson Hughes’ team of expert serious injury lawyers may be able to help. For free, confidential and no obligation advice about care home negligence claims, call us today on 0151 236 1222.

Sources:

http://metro.co.uk/2017/12/16/103-year-old-dies-left-alone-two-hours-7165351/

Hampson Hughes sponsor ‘Botched’ on E!

botched

Hampson Hughes solicitors recently signed off on a 12 month sponsorship deal with NBC Universal in L.A, to sponsor the TV show ‘Botched’ on sky channel E!

Botched follows two renowned plastic surgeons based in the USA, who help remedy extreme plastic surgeries gone wrong.

The show started broadcast of series 4 in the UK, in January 2018 and is set to run through until December 2018. As sponsors of the show, Hampson Hughes solicitors will feature a 15 second commercial at the start and end of every episode, along with 5 second bumper adverts in between commercial breaks for the show.

To take a look at our sponsorship commercial, please click below…

Hampson Hughes solicitors are specialist lawyers in cosmetic negligence and medical/clinical negligence claims. Working with clients on a no win, no fee basis, our expert solicitors are on hand to discuss your negligence claim.

For more information about how to make your claim, call our solicitors today on 0800 888 6888 or request a callback below.

For press and media enquiries contact David Mason – Head of Marketing & PR (Hampson Hughes Solicitors).

Missed lung cancer diagnosis

Missed lung cancer diagnosis

The Queen Alexandra Hospital in Portsmouth has failed to spot lung cancer in three patients because their staff failed to check patients’ X-rays properly, according to health watchdog the Care Quality Commission (CQC).

The patients suffered “significant harm” according to CQC, who also found during a visit to the hospital in July that the Queen Alexandra also had a backlog of 23,000 chest X-rays to work through. None of those images taken within a previous 12-month timeframe had been formally reviewed by a trained clinician or radiologist.

Of the three patients who were said to have suffered significant harm, two have since passed away. Junior doctors at the hospital complained that they were asked to carry out specialist radiology work despite not having the proper training to do so. Junior doctors were asked to review chest and abdomen X-rays – a “specialist skill” say the CQC, which needs to be undertaken by “properly trained clinical staff who know what they are looking for”.

Portsmouth Hospitals NHS Trust has unreservedly apologised to the families affected and the CQC has launched a review of NHS radiology services across England. That will be of little comfort to those that have suffered and worry that they may find themselves in a similar position, though, especially when considering that Queen Alexandra isn’t an isolated case.

Medical negligence is a serious problem for families to cope with across the UK, especially in cancer cases like the above where, if spotted early enough, an appropriate plan of action may be put in place to try and help improve survival rates. Approximately 70% of lung cancer patients will survive for at least a year if the disease is diagnosed in its earliest stage, compared against 14% who are diagnosed with advanced stage lung cancer (2).

The Belfast Health Trust – the biggest in Northern Ireland – has recently felt it’s had to defend itself as recent Government figures show it spent £34million on ongoing medical negligence complaints up to the end of the last financial year. For health trusts across Northern Ireland the overall bill has hit £94million, taking into account cases which are open, ongoing and remained live as of March 2017 (3).

Lincolnshire Hospitals NHS Trusts alone has paid out £24.2million for the 2016/2017 financial year (4). Medical negligence is a serious issue that may rear its head throughout any and every hospital within the UK, and though statistics such as the above suggest that more families are addressing it and searching for compensation they feel they rightly deserve, it will be of little comfort to those who have lost loved ones through serious failings from the health system and professionals they felt they could trust.

Compensation and bringing those responsible to account though could help families to get a sense of closure surrounding their loss, as well as providing them with the additional financial support to make any necessary arrangements and aid the recovery process. Most importantly, holding those who were supposed to help to account can go a long way to bringing negligence and failings to light, to ensure that nobody else has to go through the same experiences as you.

If you feel you’ve been subjected to instances of medical negligence that has affected your health in a detrimental manner, please contact the Hampson Hughes medical negligence team today to see if you are eligible to claim compensation. Our friendly team are always on hand to offer support and legal advice. Call us today on 0151 236 1222 or email info@hampsonhughes.com.

Sources:

Cancer Late Diagnosis and Compensation

Cancer Late Diagnosis and Compensation

Every two minutes someone in the UK is diagnosed with cancer. (1) Whether its breast, prostate, lung, skin or bowel cancer, the diagnosis is usually the first step to preparing your mind and body to fight the disease. For patients who have received a late cancer diagnosis, the chances of survival are often significantly lower than those who detect the disease early.

The standard wait to diagnose cancer is two weeks in the UK, but for some patients, cancer is not easily identifiable and symptoms can sometimes be mistaken for other medical conditions. When a late diagnosis for cancer does occur, it is a failure on behalf of medical professionals. Their failure to diagnose cancer at an early stage or when a patient first brought concerns of symptoms to a GP or medical professional can mean that a patient can no longer be treated and the cancer may have spread to vital organs, which could result in a low life expectancy. Even if in a particular case, cancer can be treated and the patient has a good chance of survival, it is still a failure to diagnose cancer when first investigated and those responsible should be held accountable.

An article published in 2017 by The Guardian highlighted the issue further. According to the report, a study has shown that 71% of all patients diagnosed in accident and emergency departments with a form of cancer, had seen their GP at least once with symptoms. Of the group surveyed, those who sought medical help from their GP previously, 41% had visited their GP three or more times. The study which was published in the British Journal of General Practice, found that people diagnosed with cancer as an emergency have a worse prognosis than those diagnosed at an earlier stage.  Health Secretary, Jeremy Hunt is said to be so concerned of late cancer diagnosis that he is developing a plan to name and shame GP surgeries who fail to spot symptoms.  (2) According to the publication, diagnosis of cancer as an emergency, has been considered to represent a failure of primary care. (3)

Compensation for a patient who has been let down by the NHS or the private healthcare sector, can never make up for the medical implications that this can have on them, and their family. Additional pain and suffering that has been caused, when cancer is allowed to go untreated or the loss of precious time with loved ones, is unforgivable. Compensation could help patients become more comfortable and have financial support during the recovery process.

Compensation for families left behind after a cancer patient has passed on after a late diagnosis should help to ease any financial strain that may be present after a relative has died. Compensation could help towards funeral arrangements as well as provide support during this sad time.

If you or a loved one has received a late cancer diagnosis whether the disease can be treated or not, please contact our medical negligence team today to see if you are eligible to claim compensation. Our friendly team are always on hand to offer support and legal advice. Call us today on 0151 236 1222 or email info@hampsonhughes.com.

Sources

  1. http://www.cancerresearchuk.org/health-professional/cancer-statistics-for-the-uk#heading-Four
  2. https://www.theguardian.com/society/2014/sep/22/cancer-late-diagnosis-half-patients
  3. http://bjgp.org/content/67/659/e377/tab-figures-data

Vaginal Mesh Surgery Failure

Vaginal Mesh implants

More than 75,000 women in England may be eligible to claim medical negligence compensation after vaginal mesh implants to treat incontinence and prolapse are said to be a danger to their health.

The twenty minute operation to treat bladder and vaginal injury and damage, often caused after childbirth or in menopausal women, includes the insertion of a plastic mesh made from polypropylene. The mesh is meant to be flexible and enable the patient to live a normal life, however once inside the body can become stiff and ridged, which can damage vital organs as well as cause patients huge discomfort. For some women, the pain and damage is so intense that they are unable to walk, work or have sex.

According to NHS data, over 75,000 women in England have had the procedure since 2006, but more patients are coming forward to have the operation reversed. (1)

Labour has called for an immediate halt to the use of vaginal mesh implants, with the shadow public health minister, Sharon Hodgson urging the government to stop medical professional from carrying out the operation before the safety of the vaginal mesh implant is debated in parliament. (2)

Compensation for Medical Negligence

The initial operation to insert the vaginal mesh is a non-invasive quick procedure, but to remove the mesh, which is designed to become embedded in the surrounding tissue, can require hours of surgery, with a risk of damage to surrounding nerves and organs including the bladder and the bowel. (3)

If you have suffered pain or discomfort after a vaginal mesh operation also known as transvaginal mesh implants and urogynaecological meshes, you should not suffer in silence. Thousands of patients in the UK could be eligible to claim for medical negligence compensation, whether you are suffering from physical pain and unable to work or have a normal sexual relationship after having a vaginal mesh fitted, or you are having to undergo further surgery to have the mesh removed. If you have experienced problems or complications after having a vaginal mesh implant you should report this to the MHRA and to your doctor immediately. For legal support regarding medical negligence compensation please contact our experienced team today on 0151 236 1222.

Sources:

1- http://news.sky.com/story/vaginal-mesh-legal-action-could-be-bigger-than-thalidomide-11060083

2- https://www.theguardian.com/society/2017/oct/18/labour-calls-for-immediate-end-to-use-of-vaginal-mesh-implants

Doctor suspended after miss diagnosis resulted in boy’s death

A Merseyside doctor who failed to spot sepsis which killed a young boy in December 2013 has his medical license suspended.

What Happened?

The boy, who suffered with complex health needs, was originally diagnosed with a chest infection by his GP, when his condition deteriorated he was admitted to Whiston Hospital.

He was first examined by the department’s clinical director, who suspected the child may have sepsis and a lower respiratory tract infection.

Dr Thiagarajan Sundaravadivelu, who was a locum registrar, took over the case at midnight and confirmed the nine-year-old had a minor chest infection, provided him with anti-biotics and discharged him. It was then six hours later that the patient died.

Investigation

The tribunal found Dr Sundaravadivelu did not adequately examine the boy, or take an adequate history from his mother before discharging him.

The locum registrar stopped working at Whiston Hospital shortly after the incident; he admitted that he had failed to do enough to diagnose the fatal condition.

The tribunal said his conduct would be regarded as deplorable by fellow practitioners, but added it was an isolated incident. After his suspension, the doctor will face a review before going back to work.

A spokeswoman for St Helens and Knowsley Teaching Hospitals NHS Trust said:

“The doctor was referred to the General Medical Council after the trust found failings in the care he provided to a patient.

“The GMC has decided to suspend him for four months. The doctor has not worked at the trust since soon after the incident.”

Medical Negligence Claims – Expert Advice

If you have been affected by medical negligence, and you would like expert advice, contact Hampson Hughes Solicitors Medical Negligence Team today on 0151 242 1025 or email medicalnegligence@hampsonhughes.com

Source: Liverpool Echo

Grandmother dies after heart valve was inserted wrong

Image of a medical professional writing notes next to a stethoscope and laptop

An investigation is set to probe heart valve patient Sheila Hynes’ death following routine surgery at Newcastle’s Freeman Hospital.

What happened?

The Great-grandmother from Newcastle sustained catastrophic internal bleeding after a heart valve was put in upside down. This caused irreversible damage during surgery which was led by consultant surgeon Asif Raza Shah.

A second operation performed to try and get her heart working failed and the 71 year old subsequently died a week later in intensive care.

Inquest

Newcastle Upon Tyne Hospitals NHS Foundation Trust has acknowledged that the error caused Mrs Hynes’ death.

The five day inquest will be held at Newcastle’s Civic Centre.

Medical Negligence Claims – Expert Advice

If you have been affected by medical negligence, and you would like expert advice, contact Hampson Hughes Solicitors Medical Negligence Team today on 0151 242 1025 or email medicalnegligence@hampsonhughes.com

Source: Aol.com