We pursued a GP negligence
claim for Michael's widow, Lara. Michael died from pneumonia
which was caused by chicken pox and was not diagnosed by his GP in
time to treat the pneumonia successfully.
At the end of May 1996 Michael, then aged 30, contracted chicken
pox from his two young daughters. In addition to spots
appearing all over his body, he began to suffer very badly.
Michael experienced breathing difficulties, had a severe
headache, high temperature and was vomiting mucus which contained
thick sticky blood.
Michael's wife, Lara, contacted the on-call GP who
attended and advised that Michael take paracetamol and
use calamine lotion.
Lara was unhappy with this advice and
attended the GP surgery with Michael the following day. At this
stage Michael's arms were limp and his head was bowed, along with
all the other symptoms. He was also too exhausted to talk for
himself.
Lara repeated the symptoms to the GP and although the GP looked
into Michael's mouth and throat, he did not check his temperature,
hydration levels or examine his chest. The GP advised that Michael
would feel unwell but he would recover without medication within a
couple of weeks.
But Michael continued to be extremely unwell and his symptoms
failed to improve. In early June he became delirious and his wife
called the GP again.
The GP visited Michael at home later that morning and diagnosed
chicken pox encephalitis (a swelling of the brain) and pneumonia.
The GP arranged for Michael to be admitted to the local
hospital.
Despite treatment Michael died 2 weeks later, leaving behind his
partner and two young children.
Michael's wife, Lara, instructed Paul
McNeil to pursue a compensation claim for GP negligence.
Paul McNeil obtained
expert evidence that Michael's GP was negligent for not
examining Michael's chest on 3 June, which was when he first
attended the surgery. If he had examined Michael's chest he would
have found evidence of pneumonia.
This would have resulted in his admission to hospital and an
X-Ray would have been performed that day. He would have been
treated with intravenous acyclovir and our evidence suggested
that he would have recovered fully from his illness.
The action was defended vigorously by the GP’s
insurers and the action was tried before Deputy Judge Brennan
QC.
After hearing evidence from the family, the GP and
experts on both sides the judge found that the GP had been
negligent. He found that if a timely referral been made, Michael
would have fully recovered with no long term injuries or damage. He
would have had a normal life expectancy.
Compensation was agreed (subject to
liability) in the sum of £270,000, which Lara was happy to accept.
This will provide for the loss of income that Michael's death has
left and Lara is no longer worried about hers and her children's
future.
For further information or if you have a GP negligence compensation case, call Paul McNeil on
020 7861 4019 or email paul.mcneil@ffw.com
You can discuss your GP negligence
claim with any member of our medical
negligence team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.