Medical Negligence Claims – Case Studies

This page details just a few examples of the medical negligence claims case studies that we have won for our clients. If you have suffered unnecessary pain or injury following surgery or any other medical treatment or daignosis, we are here to help.

Our lawyers, David Dickie and Alicia Sharman, are leading Clinical Negligence Solicitors. They specialise exclusively in this field and together have successfully dealt with most types of clinical negligence claims over the last 30 years.

David and Alicia endeavour to be not only skilful lawyers but to be senstive, trustworthy and approachable. Rest assured they will patiently guide you through your claim, every step of the way.

Case Study 1

A fatal accident claim by a widow, whose husband tragically died as a result of the progression of a tumour in his hip, which could have been operated on and removed with a complete cure, had an x-ray been correctly read. Unfortunately, however, it wasn’t, and the cancer spread.

The deceased’s pre-misdiagnosis life expectancy was hotly contested by eminent experts. This medical negligence claim was settled for £110,000 by David Dickie.

Case Study 2

An accident and emergency medical negligence claim concerned the Claimant’s husband who had attended the Sir Robert Peel Hospital in Tamworth with an exacerbation of his asthma and asking for a repeat prescription of his brown inhaler.

He was seen by a nurse who failed to carry out a peak expiry flow rate measurement, contrary to the hospital protocol, and who did not put him on a nebuliser. He had been advised by the nurse that he needed to be referred to his GP and that she was not able to make a diagnosis and treat his presentation, but upon returning home he suffered an acute asthma attack and died before an ambulance arrived.

We obtained a positive report on liability from a Consultant Respiratory Physician, and a Care Expert’s report to calculate the loss of the deceased’s services to his widow. Her financial dependency based on his loss of earnings was also calculated.

Proceedings were issued and the Defendant offered £100,000 and subsequently £130,000. Eventually a settlement was concluded at £155,000.00.

Case Study 3

This was a cauda equina syndrome claim resulting from surgicel, which stops interoperative bleeding, being left in situ. Despite the manufacturer’s instructions, after a laminectomy and discectomy, which caused a surgiceloma, a swelling comprising both surgical and a haematoma which pressed on the surgical canal, and post operatively, there was a negligent failure to diagnose and act upon neurological deficits indicating compression of the nerves, so that even after a decompression operation, the claimant was left virtually as a paraplegic. Numerous expert reports were obtained, and the claim settled on the eve of a ten-day trial for £400,000 by David Dickie.

Case Study 4

In another case conducted by us, a biopsy was taken from the Claimant’s temple in 1991 for histological examination but was negligently reported on. Following the correct diagnosis of malignant melanoma in 1993, the Claimant underwent a number of excisions of the lesion and radiotherapy. An initial unfavourable liability report was obtained from a histopathologist, but a second favourable report was obtained after proceedings had been issued. A causation report was obtained from a dermatologist and a condition and prognosis report from a maxillo-facial surgeon. Following exchange of experts’ reports with the Defendant a settlement of £10k was concluded.

Case Study 5

At birth, the client had a very unusual deformity in the form of a congenital upper lid entropion in her right eye. This meant that the eyelid was turned in on itself so that the eyelashes would come into contact with the surface of the eye. We alleged that the deformity should have been picked up by the hospital medical staff and an ophthalmological referral made but it was not.

The child was discharged home on 3rd July 2003. We then alleged that the Second and Third Defendants, who were her GPs, should have detected the entropion when she was seen on dates including 7th and 11th July and have made an urgent specialist referral, but that while antibiotics and eye drops were prescribed no such referral was made until 4th September 2003 by which time eye surgery could achieve very little.

She had, as a result of the neglect, been left with severe amblyopia in her right eye, and so with no useful function in it.

All the Defendants denied both breach of duty and causation. Unfortunately, there was no documentary proof of the condition of the Claimant’s eye on discharge from hospital and her mother’s recollection of events long ago around her daughter’s birth was not good.

A compromise settlement was agreed therefore based also on the litigation risks of failing to succeed at trial against any 1 of the 3 Defendants and being ordered to pay their costs from damages which would greatly diminish the damages award to the Claimant.

Case Study 6

Following a caesarean section, a drain was inserted but this punctured the Claimant’s inferior epigastric artery, which was recognised and sutured. Thereafter, the Claimant continued to lose a significant amount of blood from the wound and received a blood transfusion. Eventually, the Claimant’s increased pain led to a haematoma being diagnosed and a surgeon evacuated this. However, he failed to explore the wound properly and as a result he overlooked the fact that there was a significant rent in the rectus muscle. The Claimant continued to experience very heavy bleeding and upon further surgery the rent was recognised but due to the delay a wider incision was required to repair it. After court proceedings were issued the Claimant was awarded £3,500 for the unnecessary corrective operation.

Case Study 7

The Claimant, a chef, cut the tendons in his fingers whilst boning a chicken but on attending a hospital A & E department they negligently failed to exclude tendon injury with the result that primary repairs became impossible after the delay before a correct diagnosis, and the Claimant had to undergo five operations for tendon grafting. Following proceedings being issued a settlement of £25,000 was concluded.

Case Study 8

A fatal accident claim involving an elderly resident of a nursing home with dementia falling down a flight of stairs and breaking her leg. The claim was defended but eventually after litigation a settlement of £8,500 was obtained.

Case Study 9

Claimant suffered from osteomyelitis as a result of her GP not referring her earlier to an ENT specialist for acute sinusitis. She underwent surgery and was left with an unsightly dent in her forehead which required plastic surgery. The experience was an intimation of her mortality and she gave up her job and did voluntary work. Reports were obtained on breach of duty from a GP, on causation from an ENT surgeon , and on condition and prognosis from a maxillo-facial surgeon and a psychiatrist. Following issue of proceedings and the setting of the case down for trial , breach of duty was admitted, but causation was denied on the basis the Claimant’s treatment would have been the same no matter when the surgical procedure was carried out. Shortly before trial an increased payment into court of £19,500 was accepted.

How We Can Help?

With over 50 years combined experience of specialising in Clinical Negligence claims, David Dickie and Alicia Sharman have indepth knowledge combined with a sensitive approach. Many of their claims are dealt with on a ‘no won, no fee’ basis so please feel free to contact David or Alicia on freephone 0800 011 6666 or via email at legal@timms-law.com.