Paul McNeil recovered more
than £100,000 for a delay in treating William. The eleven year
old was suffering from a diaghragmatic hernia, which
caused injuries that resulted in his death.
On 30 January 1997, William was admitted to hospital as an acute
emergency. He had been diagnosed at his local hospital as
suffering from a diaphragmatic hernia, which had caused him
considerable difficulties in breathing.
The hospital did not have an accident and emergency
department and William was admitted directly to the ward, where he
was immediately assessed by a nurse.
Unfortunately he was not seen by a senior doctor
for over two hours. During this time his condition was
deteriorating. The senior registrar who saw
William correctly diagnosed his condition and set up
intravenous fluid to correct the hypovolaemia. He thought that
surgery was required urgently, but not immediately.
In the meantime at approximately 20:15 hours,
he was seen by an anaesthetist on the ward who described William as
“in extremis”. He was immediately taken into the anaesthetic
room where he was stabilised. Some time later successful surgery
took place to repair the hernia.
Unfortunately the delay in treating William
resulted in him suffering from acute respiratory distress syndrome
and with associated complications including infection, and
neurological damage.
William remained in hospital for about six months.
When he returned home he was dependent on oxygen, on his parents
for all activities of daily living and suffered many chest
infections.
At the time of the incident William was aged
11. He was unable to attend school and dependent on his mother
for 24-hour care. Unfortunately on 1 November 2005, William
died as a result of his injuries.
Proceedings had been issued by this time and the
case had been fixed for trial for January 2006.
The hospital denied liability. It contended
that there was no evidence of negligence, and even with earlier
treatment there would have been no different outcome.
Following negotiations the matter was
settled for £115,000 plus costs.
Paul McNeil conducted
the claim with the aid of public
funding.
For further information or if you have an delayed diagnosis claim, call Paul McNeil on 020 7861
4019
or email paul.mcneil@ffw.com
You can discuss your delayed
diagnosis claim with any member of our medical negligence team on freephone
0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.