Richard
Earle settled a medical negligence claim
on behalf of Tina, who suffered physical and psychological
injuries as a result of accident and emergency
negligence at
Kings College Hospital.
Tina, when aged 35, attended the A&E
department of Kings College Hospital on 28 September 2006
complaining of severe abdominal pain.
After initial investigations she was sent home
with a diagnosis of Irritable Bowel Syndrome (IBS).
But the severe abdominal pain persisted and she
attended her GP the following day. Her GP immediately suspected
that she had appendicitis and sent her back to Kings College
Hospital.
Tina was then admitted through the Accident
and Emergency department of the hospital, but there was
then a delay of some 30 hours before she underwent surgery.
By this time her appendix had perforated causing sepsis and
gangrene.
Because of the initial failure to timely diagnose
compounded by the delayed surgery, Tina's bowel was damaged
requiring re-section by way of an ileostomy (a surgical procedure
where waste is removed from the small intestine. The end of
the small intestine is brought through the skin and a small pouch
is attached to remove waste).
Tina also had to undergo further surgery to
reverse the ileostomy and this left abdominal scars. In addition to
the physical consequences, these traumatic events caused Post
Traumatic Stress Disorder and prevented Tina from returning to
work.
Tina instructed Richard Earle to pursue a case for
medical negligence against Kings College Hospital.
Richard obtained a report from an A&E
Consultant who criticised the failure of the clinicians within the
A&E department (who managed to lose the notes of Tina’s
attendance) in failing to correctly diagnose an
appendicitis.
A report from a Consultant Surgeon was similarly
critical of the failure to operate immediately whereby the damage
to Tina's bowel and subsequent surgery probably would have been
avoided.
A psychiatric report confirmed these events had
caused an adjustment disorder from which, fortunately, Tina made a
good recovery even though she was left with permanent abdominal
scarring.
Following the service of a Letter of Claim the
NHSLA denied liability on behalf of the Defendant Trust suggesting
that the clinicians within the A&E department acted
appropriately and the subsequent consequences would have occurred
in any event.
Proceedings were issued on 15 October
2009. On 21 April 2010 (before service of a Defence and
without admission of liability) the Defendant made a Part 36 Offer
of £75,000 damages together with payment of Tina’s costs. The
offer was accepted and the case compromised on that basis.
The case was funded by Legal Aid.
After the case Tina said she was very satisfied
with the service she received. She said the communication was
consistent throughout the case and the service was very
professional.
For further information or if you have an accident and emergency negligence claim, please
contact
Richard Earle on 020 7861
4041 or email richard.earle@ffw.com
You can discuss your accident and
emergency 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.