We pursued a fatal GP negligence
claim for Caroline's mother. Caroline's GP failed to examine
her stomach on a number of occasions and when she was eventually
admitted to hospital she had become so ill that she did not
recover. Our evidence indicated that if she had been treated
earlier she would have recovered.
On 2 December 1998, Caroline, aged 9, attended her GP surgery
complaining of loss of appetite, weight loss, difficulty sleeping,
constipation and a distended stomach. She was seen by Dr Burton who
diagnosed constipation and prescribed latulose solution.
Six days later, Caroline attended her GP again complaining of
diarrhoea and passing blood. She was examined by Dr Appleby and
he advised that Caroline should stop taking the latulose and
instead prescribed oral rehydration powder.
Caroline attended Dr Appleby on 15 December and was complaining
of feeling unwell with a distended tummy, which was hard to the
touch. Dr Appleby advised that Caroline should be given plenty to
drink.
A month later on 13 January 1999, Caroline attended Dr
Appleby who found a hard mass in her stomach and referred her to
hospital. Unfortunately, Caroline’s condition deteriorated and she
died later that night.
Post mortem examination confirmed marked distension of the
abdomen and revealed a large mass due to a high grade Non-Hodgkins
Lymphoma.
We were instructed by Caroline's mother to pursue a GP negligence claim against Dr Appleby and Dr
Burton.
Our expert medical evidence criticised the failure of Dr Appleby
and Dr Burton to examine Caroline during December 1998 and refer
her to hospital for investigations.
A paediatric oncology expert confirmed that it was likely that
the tumour was palpable on 2 December 1998. Had treatment been
given in early December 1998, there would have been 75% to 80%
chance of a cure.
In response to the letter of claim Dr Appleby admitted that he
had not carried out an abdominal examination on 8 December, but
stated that this was because her history did not warrant it.
In the meantime, the General Medical Council (GMC) found that Dr
Appleby’s conduct in relation to his care of Caroline “fell
seriously short of the standard expected of doctors” and considered
that he was guilty of serious professional misconduct.
The GMC also warned Dr Burton about his conduct in relation to
his treatment of Caroline, particularly in relation to keeping
clear records and taking more care when examining children.
Following negotiations, the claim was settled on 15 May 2001 in
the sum of £13,200.
For further information or if you have a general practice negligence
claim please call Paul McNeil
on
020 7861 4019 or email paul.mcneil@ffw.com
You can discuss your general
practice 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.