We recovered compensation in a general practice claim for Antony's family
following his death from a heart attack in 1997. He had visited his
GP complaining of breathlessness but his GP did not recommend that
he attend hospital.
On 2 November 1997 at about 5pm, Anthony attended his
GP surgery complaining of breathlessness, stomach and chest
pains. He was seen by Dr Saxena who had known him and his
family for a number of years.
Dr Saxena was aware of Anthony's family history of cardiac
disease (both Anthony's brothers had died of heart attacks when
they were aged 40) and that Anthony's own cardiac condition had
been investigated in 1988.
The Claimant’s evidence suggested that
rather than examining Anthony in his own consultation room, Dr
Saxena had simply asked him a few questions in the surgery
reception area before prescribing the drug Buscopan.
The medical notes recorded
Anthony's complaint as being one of diarrhoea and abdominal
pain. There was no reference to breathlessness and there had
been written above the main entry “no h/o chest pain”.
Anthony was found dead by his son
the following morning having suffered a cardiac arrest. He was
aged 53.
Investigations into a claim for medical negligence were funded by legal expenses
insurers who agreed to pay also for representation at the inquest
into Anthony's death.
The inquest provided a useful
opportunity to elicit information from Dr Saxena about his
recollection of the appointment with Anthony. Dr Saxena alleged he
had urged Anthony to go to hospital but he had
refused. The family disputed this.
We obtained expert evidence
confirming that chest pain was the key to suspecting a cardiac
arrest. If the presenting complaints had been diarrhoea and
abdominal pain, our expert would not have been critical of the GP’s
actions.
Our cardiology expert confirmed that,
had Anthony been referred to hospital, it was likely that he would
have received the necessary therapy to avoid an acute myocardial
infarction. His life expectancy would have been in the region of 10
to 15 years.
A statement from the GP’s receptionist
was obtained as well as video footage of the surgery both to
support the evidence of Anthony’s son who had driven his father to
the surgery and sat outside looking into the surgery from his car
waiting for his father.
We further obtained evidence from the
practice nurse who supported the view that Dr Saxena had altered
the medical notes.
Anthony's claim was notified to Dr
Saxena’s medical insurers who indicated a willingness to
settle. Protective proceedings were issued and negotiations
entered into.
There was a real difficulty for the
claimant in obtaining evidence to support a loss of earnings claim
since Anthony had been a self employed builder/decorator who had
not kept any records of his business earnings.
Following negotiations, the claim was
settled without service of proceedings in the sum of
£70,000.
Anthony's wife also complained to the
GMC about Dr Saxena’s actions and in July 2000 he was struck off
the medical register by the GMC.
For further information or if you have
an a general practice claim please
call Paul McNeil on 020
7861 4019 or email paul.mcneil@ffw.com
You can discuss your general practice claim with any member
of our medical negligence team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.