SWINDON SOLICITORS S. J. EDNEY SPECIALISE IN ACCIDENT LAW - CLINICAL NEGLIGENCE AND PERSONAL INJURY    Freephone   0800 421 234

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Past Cases - Clinical Negligence

2012
Anaesthetist’s negligence

We acted for a client (aged 41 at the time) who was admitted to the Royal United Hospital in Bath for an appendicectomy in 2009. During her anaesthetic induction, she was administered a muscle relaxant in error instead of a minor tranquiliser. This caused her to become temporarily paralysed but at all times remained conscious. She was unable to move and felt she was unable to breath. She was able to see and hear the activities of the medical staff who initially thought that she had a suffered a seizure and was unconscious. She thought she was going to die. Gradually she regained the ability to move and to speak. Her appendicectomy had to be postponed. As a consequence of these events, she suffered from a very severe post traumatic stress disorder (PTSD) and depression. Notwithstanding intensive counselling, her PTSD continues and is likely to continue for many years, possibily for the rest of her normal working life. She leads a very restrictive lifestyle consistent with the pattern of avoidance behaviour seen in PTSD. She had to give up her job as a teacher and she may never be fit enough to work again. Although the Hospital Trust accepted liability at an early stage there was a dispute on the quantum of this claim. Proceedings had to be issued at Court and the parties were then able to reach a settlement.

S J Edney solicitors obtained compensation of £675,000.00 for this client during 2012

 

Infected kidney transplant

In this very sad case, we acted for the husband of a young woman (only aged 37) who during 2009 underwent a donor renal transplant at the Churchill Hospital in Oxford. Due to a transcription error, she was given an infected kidney. The error did not come to light until much later and by now the deceased had caught this infection and became resistant to anti-viral therapy. The transplant failed altogether and had to be removed. Sadly, her health continued to deteriorate and she died at the beginning of 2010. This had been caused by the infected kidney. As well leaving a husband, she left 2 young children without a mother. We represented the family at the Inquest into her death and later in the civil claim for damages. Following their receipt of our letter of claim, the Hospital Trust admitted liability and after protracted negotiations we were able to reach a settlement. As part of the agreed damages were going to be paid to the two dependent children, this settlement was approved by the Judge at Court.

S J Edney solicitors obtained compensation of £300,000.00 for this client during 2012

 
 
Dental Negligence

We acted for a woman (aged 54) who was unhappy with treatment which she received from her dentist in Cheltenham. She had been one of his patients from 2000 up until 2011. She was critical of her dentist in that she believed she was subject to a very poor standard of dental care during this period and as a consequence two of her teeth (the UL7 and LL7) needed root canal treatment and crowns. It was our case that if she had been treated properly at an earlier stage this treatment could have been avoided. A letter of claim was sent to her dentist and after some correspondence with his Dental Defence Union we were able to settle her claim.

S J Edney solicitors obtained compensation of £5,000.00 for this client during 2012

 

An unnecessary total thyroidectomy

During 2008, one of our clients (aged 26) attended her GP complaining of a lump in her throat. The GP thought that it might be a thyroid lump and eventually she was referred to Great Western Hospital for investigation. During the course of one of her consultations, she was advised that it was likely that the lump may be malignant and she should have the whole thyroid gland removed. Acting on this advice, she underwent a total thyroidectomy. Because she was so concerned about what she had been told, she opted to pay for private surgery which could be arranged sooner than the surgery on the NHS. This took place during August 2008 and following this procedure, she was advised that the lump was in fact benign and not malignant. Our client later discovered that the risk of it being malignant was only 20 – 30% and she should have initially undergone a procedure known as a lobectomy and not a total thyroidectomy and she would thereby have avoided the need for lifelong thyroxine replacement treatment. It was our case that the surgeon in question failed to obtain informed consent from our client. She had agreed to have a total thyroidectomy on the basis of false information. If she had been given the full facts, she would not have agreed to this procedure but would have opted for a lobectomy. She also would not have incurred the cost of private surgery if she had been properly advised as to the risks of likely malignancy. Correspondence was exchanged between our firm and the hospital who disputed liability. Proceedings had to be issued and shortly after they had been served upon the hospital’s solicitors, the parties were able to reach a settlement of this claim.

S J Edney solicitors obtained compensation of £17,500.00 for this client during 2012

 

Delay in treating an MI

One of our clients (now 62) brought a claim for damages against his former GP arising out of her failure to refer him immediately to hospital during July 2007 for investigation and treatment following his attendance at his GP surgery complaining of cardiac symptoms. The following day, he suffered from a myocardial infarction (MI) requiring treatment at hospital. His GP’s Medical Defence Union (MDU) accepted that their member was in breach of duty for failing to admit our client to hospital as an emergency on the day she examined him but there was a substantial dispute on causation. It was agreed between the parties that there would have been some heart damage in any event as the MI had commenced when he first consulted his GP. The MDU contended that the delay of 24 hours before our client was treated caused no difference to his long term outcome. On his behalf, we argued that as a consequence of this delay, his life expectancy had now been reduced by 2 years and he has been left with additional cardiac symptoms which would cause him to retire from work early. Proceedings were issued at Court and we were able to reach a settlement shortly before trial.

S J Edney solicitors obtained compensation of £42,500.00 for this client during 2012

 

Delay in diagnosing a DVT

Our client (aged 67) suffered a deep vein thrombosis (DVT) after undergoing a routine cuff repair operation on his shoulder during April 2009. A DVT had been identified following this operation but the surgeon (who was treating him privately) made the decision not to treat it straightaway but rather to watch and wait. Unfortunately, the DVT worsened and our client suffered a multiple pulmonary emboli. As a consequence of this failure, he is now more at risk of developing further vascular problems in the future including post thrombotic syndrome. There was lengthy correspondence exchanged between our firm and the Medical Defence Union acting for the surgeon and we were able to reach a settlement of our client’s claim without the need to issue proceedings.

S J Edney solicitors obtained compensation of £10,000.00 for this client during 2012

 

Delay in diagnosing a detached retina

We acted for a client (aged 72) who was unhappy with treatment which he received from an out of hours GP in Swindon during November 2010. He was complaining of distorted vision in one of his eyes and the GP failed to refer him as an emergency to hospital for investigation. He then had the serious misfortunate to suffer a loss of vision in this eye due to a retinal detachment. It was our case that if he had been referred immediately by the GP then the macula would still have been attached and his vision would have been much better. There was a dispute on quantum but we were able to reach an agreement without the need to issue proceedings.

S J Edney solicitors obtained compensation of £20,000.00 for this client during 2012

 

Negligent shoulder surgery

We acted for a client (now aged 48) who was unhappy with treatment which she received to her right shoulder at an NHS Treatment Centre in Somerset. Briefly, she first developed shoulder pain during 2004 and then again in early 2005. She initially underwent physiotherapy. She was given a subacromial injection but with no effect. She was then referred to a Treatment Centre and underwent a subacromial decompression during August 2008 and then later a rotator cuff repair during April 2009. Unfortunately, there was no improvement in her symptoms. We obtained independent medical evidence and our expert was very critical of how these two operations had been performed which (in his view) would not have cured her underlying problem and left her with an extended period of disability up until when she underwent further surgery at the Royal United Hospital in Bath during March 2010. She has now made a substantial but incomplete recovery but the prognosis is encouraging. A letter of claim was submitted on her behalf and we were able to conclude a settlement including a claim for loss of earnings without the need to issue proceedings.

S J Edney solicitors obtained compensation of £50,000.00 for this client during 2012

 

Hip replacement

Our client (who is now aged 66) underwent a left total hip replacement at Great Western Hospital in Swindon during November 2011. The operation itself was successful. On returning home following his discharge, he noted the following two injuries:-

  • a burn on his left hip (iliac crest) - which had occurred during the operation;
  • a pressure sore on his left heel – which had not been diagnosed or treated whilst he was a patient at the hospital.

In our view, both these injuries were evidence of sub-standard care. They had to be dressed (and re-dressed) by the nurse at his GP surgery and fortunately they quickly cleared up. The pressure sore could have been very serious as our client is a diabetic. After sending a letter of claim, we were able to agree upon a settlement for our client.

S J Edney solicitors obtained compensation of £3,000.00 for this client during 2012

 

Failure to remove a central line guide wire

We have been acting for a client (who is now aged 49) who was unhappy with medical treatment which he received at the old Princess Margaret Hospital (PMH) in Swindon during 1995. Briefly, he was under the care of the John Radcliffe Hospital in Oxford for cardiac like symptoms and during March 2008 he was advised that his doctor had identified a retained central line guide wire which was obstructing his Inferior Vena Cava (IVC). This had been left behind following an earlier procedure at the PMH during 1995. This was partly removed during June 2008 by his doctor at Oxford and he needed to undergo further procedures to remove the remaining piece of wire and he also had to have some stents fitted into his IVC. The retained wire had resulted in irreversible damage to the IVC which would leave him with ongoing symptoms and he would need to be kept under very close surveillance by his doctor at Oxford. Fortunately, he had been able to continue working. Although, the Hospital Trust admitted breach of duty early on in this case, there was a significant difference of opinion on causation ie. what damage had been caused to our client by this negligence. We had to obtain 4 reports from medical experts in different disciplines. Eventually, we were able to reach a settlement without the need to issue proceedings.

S J Edney solicitors obtained compensation of £175,000.00 for this client during 2012

 

2011

 

Injury to the right ureter

Our client was aged 35 when she gave birth to her first child at Great Western Hospital by way of an emergency caesarean section during January 2008. She then had to be readmitted to the hospital during February 2008 complaining of leakage of urine from her vagina. She underwent further surgery which revealed a fistula from the right ureter which was causing the leakage. It was our case that the fistula had been negligently caused by suture ligation during the earlier caesarean section. In May 2008, she underwent a procedure for re-implantation of the right ureter. During this period our client had to spend some time away from her young baby which understandably caused her great unhappiness. She has now been left with an unsightly scar on her abdomen. Fortunately, her physical symptoms have resolved. A letter of claim was submitted on our client’s behalf to the Hospital Trust and their solicitors denied liability. They maintained that she had been unlucky and had suffered from a “recognised complication” of this type of procedure. Proceedings were issued at Swindon County Court and the parties were then able to reach a settlement.

S J Edney solicitors obtained compensation of £30,000.00 for this client during 2011

 

Faulty medical appliance

We acted for a young lady (only aged 21) who had been fitted with an implantable cardioverter defibrillator (ICD) for an irregular heartbeat. This had been fitted during December 2006. Unfortunately, during early April 2008 the ICD bleeper went off due twice to a defect in one of its leads. She had to undergo further surgery to replace this lead and this left her with some additional scarring. This also caused her to suffer from a major depressive episode which fortunately with therapy could be treated. A letter of claim was submitted to the manufacturer of this appliance but they denied liability. Proceedings had to be issued at Swindon County and shortly afterwards the parties were able to agree upon a settlement.

S J Edney solicitors obtained compensation of £14,500.00 for this client during 2011

 

Avoidable death

In this sad case, we acted for the husband at the Inquest into his wife’s death. Briefly, on the 22 December 2008, she took an overdose of paracetamol tablets. She took the first 6 tablets at 8.30am and a further 8 tablets at 10.30am. She was then conveyed to Cheltenham General Hospital by ambulance and attended their A & E department where there was a failure on their part to provide her with antidote medication for a staggered overdose. This would have prevented her death on the 24 December 2008. A Narrative Verdict was returned by the Coroner criticising the standard of care which she had received at the hospital. In light of this verdict, we were able to negotiate a settlement of our client’s claim. The claim itself was modest as the deceased was not working at the time and she and her husband were living apart although still married.

S J Edney solicitors obtained compensation of £19,750.00 for our client during 2011

 

Poor care leading to death of a child

In this tragic case, we acted for a client (aged 28) who was admitted to Great Western Hospital during March 2010 in order to give birth to her first child, a son, who was eventually delivered by way of forceps. He was in very poor health and had to be taken to the special care baby unit. His condition deteriorated and he was later transferred to Southmead Hospital where he sadly died shortly afterwards. A post mortem confirmed that the cause of death was Meconium Aspiration Syndrome. Not surprisingly, his death had a devastating effect on both our client and her husband. The hospital carried out their own investigation into what happened to our client and her son and in their report they identified a number of failings in the standard of care provided. It was our case that these failures had contributed to her baby’s death. A letter of claim was sent to the hospital by our firm and an early offer of settlement was made which was accepted by our client and her husband.

S J Edney solicitors obtained compensation of £35,00.00 for this client during 2011

 

Delay in diagnosing testicular cancer

In August 2008, one of our clients (aged 25) was referred by his GP to the urology department at Cheltenham General Hospital as he was complaining of a lump on his right testicle and testicular pain. He was seen by one of the doctors who suspected that this was caused by an infection. He gave him some antibiotics to take and made no arrangement to see him again. No ultrasound was arranged. Unfortunately, our client’s lump did not resolve and it was only in December 2008, that his GP arranged for him to have an ultrasound. This revealed a testicular tumour. He then had to undergo surgery and underwent two cycles of chemotherapy to reduce the risk of recurrence. Although the surgery could not have been avoided, it was our case that with an earlier diagnosis, it would not have been necessary for him to have any chemotherapy. The Hospital Trust made no admissions in this case and initially offered to settle his claim for the sum of £3,000.00. This offer was rejected and after threatening to issue proceedings, they increased their offer to a more reasonable amount.

S J Edney solicitors obtained compensation of £19,000.00 for this client during 2011

 

Failure to repair a hydrocele

We acted for the mother of a young boy (who was only aged 2 at the time) who had been diagnosed with a hydrocele (a fluid collection in the sac surrounding the testicles in the scrotum). He underwent surgery to remedy this problem at Great Western Hospital during November 2005. Unfortunately the wrong surgery was carried out which allowed the hydrocele to recur. He will now have to undergo further surgery to correct this problem and this experience caused him to suffer from post traumatic stress disorder. We were able to negotiate a satisfactory settlement which has been approved by the Court.

S J Edney solicitors obtained compensation of £12,000.00 for this client during 2011

 

Failing to diagnose a scaphoid fracture

We acted for a young man (aged 22) who injured his left wrist when he fell onto his hand heavily whilst playing football during September 2009. He had his left wrist x-rayed at the Chippenham Minor Injuries unit and these x-rays were then later reviewed at the Royal United Hospital in Bath but unfortunately they missed that he had fractured his left scaphoid. It was only during February 2010, when he returned to his GP complaining of ongoing discomfort, that this fracture was spotted. It was our case that this delay in diagnosis resulted in further treatment and a longer recovery period. The prognosis, however, for a full recovery was encouraging. A letter of claim was sent to the Hospital Trust and the parties were able to agree upon a satisfactory settlement.

S J Edney solicitors obtained compensation of £15,000.00 for this client during 2011

 

Failure to diagnose brain tumour

In November 2002, one of our clients approached his GP complaining of neurological symptoms. Investigations, including an MRI scan were carried out and multiple sclerosis was suspected. Due to ongoing symptoms including double vision, an MRI scan was carried out at Great Western Hospital during December 2002. The Radiologist suspected that our client may have had a primary brain tumour. Unfortunately, nothing was done by the hospital to follow up this possible diagnosis and for almost 5 years, our client was totally unaware that he had a brain tumour. During this time, he and his wife doubled their mortgage in order to move to a larger house and decided to have a second child. His wife also gave up her career in marketing. It was our case that they would not have made any of these decisions if they had known about the brain tumour. Eventually, in December 2007 following a further MRI scan, he was told about the brain tumour which by now had grown. Since this situation came to light, our client experienced psychiatric problems and frequently became very angry. The prognosis for his tumour is poor and an earlier diagnosis would not have affected the predicted life expectancy. It was our case, however, that this delay in diagnosis resulted in psychiatric damage to our client (and his wife) and in, addition, they sustained ‘economic losses’ which could have been avoided if they had been told of the true situation back in December 2002. Correspondence was exchanged between our firm and the Hospital Trust and after protracted negotiations we were eventually able to agree a settlement.

S J Edney solicitors obtained compensation of £45,000.00 for this client during 2011

2010
Pressure sores

We acted for a delightful man (aged 82) who had been admitted to Salisbury District Hospital during December 2008 following a massive stroke. He was a patient in their stroke ward and was eventually discharged by the hospital during March 2009. A skin inspection had been undertaken on his admission which clearly showed that he had a red patch on the outer part of his left foot. This had occurred earlier following his collapse at home. He was assessed by the hospital as high risk in developing pressure ulcers. Notwithstanding this assessment, the red patch on his left foot developed into a Grade 2 pressure ulcer and he also developed a second pressure sore on his ankle. He fully recovered from these injuries by about August 2009. In our experience, the majority of these type of pressure sore injuries to patients can be avoided with adequate care especially with patients confined to their bed for any length of time and we submitted a letter of claim on his behalf to the Hospital Trust. They acknowledged that the care had been inadequate and we were able to agree upon a settlement figure.

S J Edney solicitors obtained compensation of £15,00.00 for this client during 2010

 

Wrong diagnosis

One of our clients (aged 26) attended the Great Western Hospital in Swindon every 6 months or so for a routine check-up for an underlying bladder problem. Following his appointment at the hospital during November 2009, he was wrongly told that he had Chlamydia. The shock of this news caused a break-up of his long term relationship with his then partner who he wrongly suspected had been unfaithful to him. He also began to suffer from psychological symptoms consistent with a diagnosis of a Major Depressive Episode. It was only at a follow-up appointment during May 2010 at the hospital that he was told that they had made a mistake and he did not have this infection. Fortunately, with counselling, his psychological symptoms should resolve. His claim settled shortly after we sent a letter of claim to the hospital.

S J Edney solicitors obtained compensation of £6,750.00 for this client during 2010

 

Perforated bowel

Our client has a complicated gynaecological history. During June 2007 (when she was 38), she underwent a laparoscopic left salpingo-oophorectomy. As a direct result of this procedure, her sigmoid colon was perforated. The next day she felt unwell and was in a great deal of pain. Notwithstanding her symptoms, she was discharged home. The following day, she continued to be unwell and returned to hospital where signs of peritonitis were recognised. She had to undergo a further operation to repair the perforation of her sigmoid colon. Subsequently, she required a number of further surgical procedures. It was our case that to perforate the colon at all was negligent and there was also a negligent failure to detect this perforation before she was discharged. The Hospital Trust disputed these allegations and proceedings had to be issued at Swindon County Court. Shortly afterwards the parties were able to reach a settlement.

S J Edney solicitors obtained compensation of £100,000.00 for this client during 2010

 

Brachial Plexus Injury

We had the pleasure in acting for a young man (now aged 17) and his parents who were unhappy with the management of his delivery at the old Princess Margaret Hospital in Swindon during August 1993. This caused him to suffer a brachial plexus injury to his right, non dominant shoulder and elbow. Fortunately, with surgery and physiotherapy, he has achieved a recovery of considerable function in his arm. Although, there is some impairment to the rotation of his arm and elbow extension, he is able to play sports, including canoeing and racket sports but cannot play sports like basketball. He Is able to cope with most aspects of teenage life and hopes in time to find a desk job with the Police. It is our case that he suffered an avoidable injury as a result of excessive (and negligent) traction during his delivery. The notes contained very little information about what had happened. We wrote to the Health Authority giving them notice of our client’s claim and they indicated at an early stage a willingness to settle his claim. After negotiations, we were able to agree upon a settlement figure which our client and his parents were happy with. This settlement was approved by a Judge at Court.

S J Edney solicitors obtained compensation of £100,000.00 for this client during 2010

 

Injury to the inferior vena cava

Our client was unhappy with medical treatment which she had received at the William Harvey Hospital in Kent during May 2007. She underwent a laparoscopy and during this procedure, her inferior vena cava was severed by a trocar. The inferior vena cava is an artery which lies at the back of the abdominal wall. Although this is a recognised complication, in this case there was no reason why the laparoscopy should have been unduly difficult or complicated. It was our case that this injury represented sub-standard care. The Hospital Trust disputed liability and we had to issue proceedings. Fortunately, once their solicitors had reviewed the evidence, they agreed our client had a strong case and a settlement was concluded. Save for a laparotomy scar, she has made a complete recovery from this injury. She had a small claim for loss of earnings.

S J Edney solicitors obtained compensation of £12,000.00 for this client during 2010

 

Epidural blunder

We acted for a young mother who was unhappy with treatment which she received at the Royal Derby Hospital during the birth of her first child in November 2006. Briefly, she had consented to an epidural prior to a caesarean section which had been undertaken incorrectly and so she needed to have a general anaesthetic. Unfortunately, this caused her to suffer more pain during her labour than she should have done and was left with a very severe headache and neck pain that did not clear up until December 2006. She also complained of nightmares until about March 2007. A letter was written to the Hospital Trust on behalf of our client but this was ignored and we had no option but to issue proceedings. Shortly afterwards we were able to negotiate a settlement on behalf of our client.

S J Edney solicitors obtained compensation of £4,000.00 for this client during 2010

 

Delay in surgery

In a very sad case, we acted for the widow of a man (aged only 49) who had received treatment at the Royal United Hospital in Bath during 2006 for bowel cancer. He had undergone surgery at the hospital on the 24 July 2006 to remove this cancer which had been successful. In the late hours of the 5 August 2006, he re-attended the hospital again as he was not eating properly, vomiting, had suffered from diarrhoea over the last few days and was experiencing abdominal discomfort. After being examined and given some fluid resuscitation, the deceased was discharged during the early hours of the 6 August 2006. On returning home he still felt unwell and during the late evening of the 6 August 2006 he had to be readmitted to the hospital. By now he had a rigid abdomen. The hospital diagnosed a sepsis caused by a perforated bowel from the earlier surgery and he underwent a further operation during the early hours of the 7 August 2006 but suffered a cardiac arrest and died. It was our case that this delay in him being admitted to the hospital resulted in him becoming much weaker/more septic and he was not strong enough to survive the second operation. His wife had initially instructed another firm of solicitors to act for her but they declined as they were not prepared to act for her on a no win no fee basis. She instructed our firm and we had to issue proceedings straightaway due to the impending limitation deadline. Fortunately, shortly after serving the proceedings on the Hospital Trust, we were able to negotiate a settlement for our client.

S J Edney solicitors obtained compensation of £202,500.00 for this client (and her two dependent children) during 2010

 

Chronic Pain

We acted for a young mother (aged 36) with three children who underwent a bilateral carpal tunnel syndrome operation at the Abergele Hospital in Wales during January 2005. During the right carpal tunnel decompression, the nerve in her right hand was damaged by the surgeon. As a result of this admitted negligence, our client went on to develop symptoms in her right hand consistent with a diagnosis of a reflex sympathetic dystrophy or a chronic pain syndrome which had a big impact on her life. Fortunately, with time there was an improvement in her symptoms and she was able to return to work and the prognosis for the future is encouraging. We were able to negotiate a settlement for her our client without the need to issue proceedings.

S J Edney solicitors obtained compensation of £45,000.00 for this client during 2010

 

Unnecessary operation

Another client of ours (who was then aged 22) underwent a laparoscopy and appendicectomy in February 2008 at the Great Western Hospital in Swindon. It was our case that she did not receive satisfactory care during this procedure in that the surgeon when closing the wound used non absorbable sutures instead of the standard absorbable sutures. There was then a delay of some 6 months before this error was spotted and our client then had to undergo a second operation to remove the wrong sutures. Her case was initially disputed by the Hospital Trust but we were able to negotiate a settlement on her behalf without the need to issue proceedings.

S J Edney solicitors obtained compensation of £5,000.00 for this client during 2010

 

Lack of informed consent

In August 2005, one of our clients (a young mother aged 31) underwent a full haemorrhoidectomy at the Shepton Mallett Treatment Centre in Somerset. It was our case that she had only consented to the more minor procedure of injecting a small residual haemorrhoid and the removal of a skin tag. As a consequence of the more major surgery, she then went on to suffer constipation, recurrent infections and anal fissures. These complications led to a substantial deterioration in her defecatory function resulting in the need for more major surgery which would not have been required at all or alternatively, the need for which had been accelerated by a period of about 13 years due to a pre-disposition to obstructed defecation and slow gut transit. The alleged negligence had a major impact on the Claimant’s life and caused her to suffer from severe depression. This was a particularly difficult case as the Defendant disputed liability and in particular causation. Both parties experts took very different views on the cause of the Claimant’s symptoms. Proceedings were issued and we were eventually able to negotiate a settlement on her behalf without the need for this matter to proceed to trial.

S J Edney solicitors obtained compensation of £175,000.00 for this client during 2010

 

Brachial Plexus injury causing an Erb’s Palsy

We had the pleasure in acting for the parents of a small child (who is now aged 4) who suffered a disability following his delivery at the Homerton University Hospital in London during June 2004. His delivery had been complicated by a shoulder dystocia. In breach of duty, while attempting to achieve delivery the midwife:-

  • applied fundal pressure and
  • failed to use the recognised techniques to overcome the shoulder dystocia

As a result, the midwife applied excessive and avoidable traction, thereby injuring the brachial plexus causing an Erb’s palsy. The brachial plexus is a network of nerves arising from the spine at the base of the neck that give rise to the nerves supplying the arm, forearm, hand and parts of the shoulder girdle.

As a consequence of this substandard care, our client has little use of his left shoulder, hand and arm which remains limited to the present day and he will suffer lifelong limitations to the function of his left upper arm which will have an impact on his future life. Liability was not admitted by the Hospital Trust and proceedings had to be issued at Court. Although the Hospital Trust continued to deny liability, the parties were able to negotiate a settlement which has now been approved by the Court.

S J Edney solicitors obtained compensation of £205,000.00 for this client during 2010

 

2009
Ruptured Aneurysm

In a very sad case, we acted for the widow of a young man (only aged 39) who died at home during October 2004 following a ruptured aortic aneurysm. He had attended both Cheltenham General Hospital and Cirencester Hospital during the weeks before his death complaining of chest pain. This was a difficult case as even if the potential danger had been diagnosed earlier by one or both hospitals and the deceased underwent surgery, there was a difference of opinion between the parties’ experts on whether his death could have been avoided. Any settlement figure therefore had to be heavily discounted to reflect the litigation risk ie. that our client may be unsuccessful with her claim. In the first instance, both hospitals disputed liability. Proceedings had to be issued and shortly before this matter was listed for trial, the parties were able to reach a settlement.

S J Edney solicitors obtained compensation of £100,000.00 for this client during 2009.

 
Late diagnosis

One of our clients (who was aged 54 at the time) was unhappy with treatment which he received at the Great Western Hospital in Swindon during October 2005. He had been deaf since childhood. Briefly, on the 12 and then on the 16 October 2005, he attended their A & E department with symptoms suggestive of a condition called septic arthritis in his right dominant hand. The hospital failed to diagnose his condition at either of these two attendances and it was only when he attended on a third occasion namely the 19 October 2005 that a diagnosis was made and he was admitted. He had to undergo a number of operations and it is our case that this late diagnosis left him with a more serious disability which prevented him from returning to his former employment as a bricklayer. The hospital accepted that he had been the victim of sub-standard care but disputed the extent of the disability caused by it. Fortunately, not long after we had issued proceedings, we were able to negotiate a settlement on his behalf.

S J Edney solicitors obtained compensation of £130,000.00 for this client during 2009.

 
Genetic disorder

We acted for our client and her partner (both of whom are aged 39) who were critical of the treatment which she received at Great Western Hospital during the pregnancy of one of their children. She is the carrier of a genetic condition which is always fatal to male infants. No screening was offered to our client and as a consequence they were unaware that their baby had this condition. Shortly after his birth in December 2006, his health deteriorated and he died a few days later. If she had been aware that she was carrying a child with this condition, she would have undergone an early termination of the pregnancy. As a consequence of the death of their baby son, both our client and her partner suffered psychiatric damage in that they had witnessed his illness and worsening condition prior his death. In addition, our client was entitled to recover damages for the pain and suffering of having to give birth (the actual delivery). To their credit, the hospital acknowledged at an early stage in this case that the appropriate pre-natal tests had not been undertaken but there was a dispute on quantum. Proceedings had to be issued and shortly afterwards, we were able to settle their claims

S J Edney solicitors obtained compensation for these clients during 2009:-
• The mother - £21,500.00
• Her partner - £10,000.00

 
Grand mal epileptic seizures

In June 2005, one of our clients (who was aged 57) was suffering from left-sided sciatica. This was brought on by a lifting accident at work. Following an MRI scan, she was advised that she had an L4/L5 disc prolapse. She was advised to have an epidural injection. This was duly carried out by a doctor at a local private hospital in July 2005. Shortly after the injection, she began to suffer from nausea, vomiting and diarrhoea. She then went onto to suffer from a number of grand mal epileptic seizures which caused her to fracture her humerus. It is our case that our client had been suffering from a condition called hyponatraemia caused by dehydration following her epidural. This should have been recognised by the medical staff prior to her seizures and if she had been given an intravenous infusion of saline, her injury could have been avoided. This was disputed by the MDU acting for her doctor and the solicitor representing the nursing staff at the hospital and proceedings had to be issued at Swindon County Court. Shortly before this matter was due to be tried by a Judge, the Defendants acknowledged the merit of her claim and we were able to settle it. Although, she has been unable to return to work, this is due to her other unrelated orthopaedic problems.

S J Edney solicitors obtained compensation of £17,500.00 for this client during 2009.

 
Wrong Operation

Another client (who was then aged 42) underwent the wrong surgery at the Great Western Hospital in Swindon during December 2007. She had a tennis elbow release on her right arm when she should have had a right ulna nerve release. She had to undergo a further operation at the hospital during April 2008 when she had the correct procedure. As a consequence of this negligence, our client was off work for a period of time and has now suffered a loss of strength and power in her right elbow which affects her ability to work and carry out the heavier aspects of domestic life. She has, however, been able to return to work although her medical condition is likely to be static. There was no evidence that her residual disability would prevent her from continuing to be in work. After issuing proceedings at Court, we were able to negotiate a settlement for her.

S J Edney solicitors obtained compensation of £55,000.00 for this client during 2009

 
Retained surgical instrument

Our client (who was aged 77 at the material time) was receiving treatment at St Georges Hospital in South London for the recurrence of left distal ureteric transitional cell cancer. It was agreed that her left kidney and ureter should be removed. It was also agreed that a large incisional hernia on her left side should also be repaired at the same time. This procedure duly took place on the 2 August 2007. Unfortunately, our client’s health deteriorated following this operation. A CT on her abdomen on the 8 August 2007 identified a “retained foreign body”. This subsequently proved to be a surgical instrument which had been left behind by the surgeon and it had to be removed in a second operation at the hospital also on the 8 August 2007. As a consequence of this mistake, the original hernia repair was “undone” and our client was now left with a much bigger hernia and an apron of skin, which was very unsightly and caused her a great deal of cosmetic embarrassment. It was unlikely that she would benefit from any further surgery to improve its appearance. Fortunately, the hospital admitted negligence following our letter of claim and we were able to negotiate a settlement for her.

S J Edney solicitors obtained compensation of £35,000.00 for this client during 2009

 
Detox Programme

We have been acting for a client (who is now aged 64) who was unhappy with treatment which she received in 2005 for her alcohol dependency from a specialist drug & alcohol service run by her local NHS Trust. One of their nurses offered to provide her with a fast-track detoxification programme at her home address. Unfortunately, the treatment provided to our client proved to be sub-standard. One particular problem she encountered was that she had been left in the care of a man (a friend of the nurse) who was also a heavy drinker and was actively drinking throughout the time that she was in her care. Having finished the detoxification programme, she only remained alcohol free for 7 weeks. Our independent medical expert in his report confirmed that the negligent course provided by the Defendant delayed the successful treatment of her alcohol addiction by approximately 2 years. The NSH Trust disputed our case but after threatening to issue proceedings, we were able to negotiate a settlement for her which she was very happy with.

S J Edney solicitors obtained compensation of £8,000.00 for this client during 2009

Damage to the bladder

One of our clients (who was aged 30 at the time) had twins delivered by a Caesarean section in the maternity unit of Great Western Hospital during October 2005. Unfortunately, her bladder was cut during this procedure which our expert said was an unacceptable complication constituting sub-standard care. Her bladder was repaired before she was discharged but she found it difficult to cope with her young babies as a result of this complication. She has been left with a smaller capacity bladder with an inevitable increased urinary frequency. Fortunately, she does not need to self catheterise and is able to enjoy normal sexual relations. Psychologically, she has responded very well to this trauma. Proceedings had to be issued in this case and shortly after the Hospital Trust instructed solicitors, we were able to negotiate a settlement of her claim.

S J Edney Solicitors recovered £25,000.00 compensation for this client during 2009

 

Plastic surgery gone wrong

We acted for a woman (aged 54) who lived in Oxford and was unhappy with plastic surgery performed on her face by a doctor at a private clinic in London during April 2005. She had agreed to a part face lift and during the course of this procedure she suffered nerve damage and scarring. It was our case that:-

  1. the pre-operative counselling with our client had been grossly inadequate;
  2. had she been given proper warnings and counselling she would not have proceeded with the cosmetic surgery in that there would have been very little medical benefit and
  3. one of her nerves had been damaged during the surgery and the doctor had failed to recognise this or take steps to try and remedy the damage.

The good news was that with corrective surgery the prognosis for our client making a complete or almost complete recovery were good. The difficulty in this case was that the doctor in question had retired shortly after this procedure and had proved to be very elusive. He had in fact moved to America without leaving any forwarding address. We spent some time trying to obtain his current whereabouts and making contact with his Medical Defence Union. Fortunately, our efforts were successful and shortly after issuing proceedings at Court, we were able to settle our client’s claim.

S J Edney solicitors obtained compensation of £17,500.00 for this client during 2009

 

Patient allowed to develop a pressure sore at hospital

One of our clients (who was aged 63 at the time) was admitted to the Great Western Hospital in Swindon during August 2007 with a complaint of progressive abdominal swelling caused by his underlying heart condition. Various investigations were carried out by the hospital which included a rectal biopsy. At the time, he was on Tinzaparin (an injectable low weight heparin). This biopsy caused him to have a very severe rectal bleed and he had to be admitted to ICU. During his stay at the hospital he then went onto develop a very serious sacral pressure sore. It was our case that the Tinzaparin should have been stopped at least 24 hours prior to his biopsy which would have prevented his rectal bleed which in turn would have avoided his subsequent renal problems and poor health. Furthermore, the development of the pressure sore itself was evidence of sub-standard care. Fortunately, our client made a good recovery from this episode although he has been left with some mobility problems caused by the pressure sore. After corresponding with the hospital we were able to obtain settlement for him.

S J Edney solicitors obtained £20,000.00 for this client during 2009

 

Bunion operation goes wrong

One of our clients (aged 68) who lives in London was unhappy with treatment which she received from her doctor at the Benenden Hospital in Kent. She was unhappy with a bunion on her right big toe and she arranged to see this doctor privately in order to have it removed. The operation itself took place in May 2006 but she has now been left with mobility problems following this procedure. Our independent medical expert confirmed in his report that the operation had not been performed to an acceptable standard. She now requires further surgery which, according to our expert, will improve her symptoms. We corresponded with the MDU of the doctor in question and they initially offered £2,000.00 and then later £8,500.00 in settlement of her claim, both offers being rejected. After threatening to issue proceedings, they eventually increased their offer to a figure which our client was happy with.

S J Edney solicitors obtained £10,000.00 for this client during 2009

 

Patient has allergic reaction to penicillin

One of our clients who lives in Swindon (aged 45) is allergic to penicillin. This is clearly noted on her GPs records. During November 2008 she attended her GP surgery in order to collect a course of antibiotics to help treat her ear infection. She was seen by one of their duty Triage Nurses who unfortunately prescribed a course of antibiotics (Amoxicillin) which contained penicillin. To the credit of the GP surgery, they acknowledged their mistake and apologised accordingly. As a consequence of this error, our client suffered an allergic reaction in that she developed a rash all over her face and body, swelling in her stomach and legs and generally felt unwell. It took her about 4 weeks before she was fully recovered and during this period her husband had to take time off work in order to look after their young children. He suffered a small loss of earnings. After corresponding with the MDU acting for the GP Surgery we were able to negotiate a settlement on behalf of our client.

S J Edney solicitors obtained £2,000.00 for this client during 2009

 

Haemothorax due to delayed diagnosis

Our client (who is now aged 61) was unhappy with treatment which he received at the Royal United Hospital in Bath. On the 10 May 2006, he had an internal cardioverter defibrillator (ICD) fitted at the Heart hospital in London. On the 22 May 2006, he was admitted to the RUH complaining of an acute stabbing pain in his chest. He was kept in for observation and was discharged on the 23 May 2006. On the 10 June 2006 he was readmitted to the hospital due to his ongoing chest pain. He was very ill and close to death. The CT scan showed perforation of his heart by the ICD lead causing a left sided haemothorax. He was transferred as an emergency to the Bristol Royal Infirmary where he underwent emergency surgery to remove the ICD and to repair the hole in his heart. He was unhappy with the standard of care which he received at the RUH in that he felt that this injury should have been diagnosed by the hospital on the 22 May 2006 which would have reduced the pain and suffering which he suffered over this 3 week period. He accepted however that he would still have required surgery if a diagnosis had been made straightaway. We wrote to the hospital on his behalf and they initially disputed liability. On the threat of issuing proceedings they reconsidered their position and agreed to compensate our client.

SJ Edney solicitors obtained £3,000.00 for this client in 2009

 

Delay in prescription of antibiotics causes weak middle finger

We acted for a young man (aged 25) who during June 2005, suffered an injury to the middle finger of his right dominant hand. He attended A & E at the Great Western Hospital in Swindon. Unfortunately, there was a delay in him being prescribed antibiotics and he later went on to develop an infection in his finger. He now suffers from a weaker finger which could have been avoided if he had been given antibiotics when he first attended the hospital. It was accepted, however, that there would have been some disability in his finger caused by the original accident. As a consequence of the alleged negligence, our client will now find it more difficult to get back into work and to keep a job. The Hospital Trust disputed liability and we had to issue proceedings at Swindon County Court. Shortly before trial we were able to reach a compromise on behalf of our client.

SJ Edney solicitors obtained £57,500.00 for this client in 2009

 
Dentist failed to treat periodontal disease adequately

One of our clients (aged 35) was unhappy with dental treatment which she received from a local dentist over a 16 year period. In summary, it was her case that her dentist failed to treat her periodontal disease adequately (or refer her to a Periodontist) which led to her condition becoming chronic. Fortunately, she responded well to treatment and the prognosis for the future was encouraging. We were involved in protracted correspondence with the dentist’s Dental Defence Union but after the mutual exchange of expert evidence, we were able to negotiate a settlement on behalf of our client.

SJ Edney solicitors obtained £7,500.00 for this client in 2009

 

2008

 

Excessive dose of UVA light caused severe burns and blistering

A client (aged 44) attended the Great Western Hospital in Swindon for a course of treatment for her psoriasis affecting both her hands and feet. She was accidentally exposed to an excessive dose of UVA light which caused severe burns and blistering to both her feet. After writing to the hospital, they admitted liability for her injury. They initially offered to settle her claim for £1,000.00 which was rejected. After further negotiation and obtaining a report from an independent Dermatologist, we were able to settle her claim without the need to issue proceedings.

SJ Edney solicitors obtained £6,000.00 for this client in 2008

 

Surgeon removed bunions, but not bunionettes meaning a second operation was needed

We acted for a client (who lives in London) who was unhappy with the care which she received from her Surgeon during December 2004. She had agreed beforehand that the Surgeon would remove some bunions on both her feet together with some smaller bunionettes. Contrary to her agreement, the Surgeon only removed the bunions which entailed her having a second operation to remove the bunionettes. Fortunately, she has been left with no long term effects. This case settled shortly after we submitted a letter of claim to the Surgeon’s Medical Defence Union.

SJ Edney solicitors obtained £2,000.00 for this client in 2008

 

Anti malarial drug caused very severe side effects and aggravated a pre-existing psychiatric disorder

Our client (aged 56) was unhappy with an anti malarial drug prescribed by her GP shortly before she was due to travel Africa on her honeymoon. This drug aggravated a pre-existing psychiatric disorder which caused her to suffer from very severe side effects which not only ruined her wedding but her subsequent honeymoon. She had to consult a Psychiatrist on her return but fortunately within a relatively short period of time she made a full recovery from this episode. Correspondence was exchanged between our firm and the GP (his Medical Defence Union) and we were eventually able to settle her claim.

SJ Edney solicitors obtained £6,500.00 for this client in 2008

 

Amputation due to peripheral vascular disease

A delightful client of ours (aged 40) was unhappy with treatment which he received at the Great Western Hospital in Swindon during June and July 2004. He had attended their A & E department on 2 occasions complaining of pain and discomfort (with some redness) in his left foot. It was only on his third attendance to hospital that he was admitted for investigation. Sadly, his left leg (below the knee) had to be amputated as a result of peripheral vascular disease. It was our case that if he had been admitted to hospital earlier and with timely treatment this amputation could have been avoided. Our independent doctor advised us however that in light of his pre-existing medical history he would probably have lost his leg within about 5 years from 2004 due to his vascular problems. The hospital vigorously defended this case but we were able to negotiate a settlement on his behalf shortly before the date fixed for trial.

SJ Edney solicitors obtained £50,000.00 for this client in 2008

 

2007

 

Severe headaches were actually a subarachnoid haemorrhage

We acted for a man (aged 37) who attended three different GPs on separate occasions complaining of a sudden and severe headache. It later transpired that he was suffering from a subarachnoid haemorrhage. Unfortunately, none of these doctors made the correct diagnosis and as a consequence, there was an avoidable delay in him being treated which left him with a more serious neurological impairment. The Medical Defence Union acting for the doctors in question disputed liability. There was also an argument on limitation. Proceedings had to be issued at Court and shortly before Trial, a settlement was achieved for our client which included a substantial sum for his future loss of earnings.

SJ Edney solicitors obtained £420,000.00 for this client in 2007

 

Death of young man after A & E failed to diagnose internal injuries

We acted for the parents of a young man (aged 16) who was admitted to hospital following a road traffic accident in May 2004. The staff in the A & E department failed to diagnose that he had a number of internal injuries. As a consequence, his internal bleeding caused him to have a cardiac arrest and sadly he died. This was a very tragic case and his death was entirely avoidable. The tragedy was compounded because of his young age and lack of financial dependents which reduced the amount of damages payable.

SJ Edney solicitors obtained £20,000.00 for this client in 2007

 

Bowel damaged during routine hysterectomy

Another client (aged 45) underwent what should have been a routine hysterectomy at her local hospital in Oxfordshire. Unfortunately, her bowel was damaged by the Surgeon and this left her with a permanent colostomy which, not surprisingly, has had a huge impact on her life. She was not working at the time and had no plans to return to work. Proceedings had to be issued in this case and a settlement was achieved for our client shortly before Trial.

SJ Edney solicitors obtained £175,000.00 for this client in 2007

 

Chest pain patient's death could have been avoided

In a very sad case, we acted for the widow of a man (aged 66) who attended an A & E department at a hospital in Wales whilst on holiday complaining of right sided chest pain. Notwithstanding an abnormal ECG, he was discharged. The following day he returned to Swindon and had a heart attack and died a few days afterwards. Our expert Cardiologist was very critical of the hospital in Wales. In light of the ECG he should have been admitted and with further treatment, he felt that his death could have been avoided. The deceased was a pensioner and there was no claim for loss of earnings. After protracted negotiations, the case settled.

SJ Edney solicitors obtained £42,500.00 for this client in 2007

 

2006

 

Stroke caused by Anaesthetist failing to monitor blood pressure

In this case, our client had been admitted to hospital for what should have been a routine back operation. Unfortunately, the Anaesthetist failed to keep an eye on his blood pressure during the surgical procedure and as a consequence, he suffered a stroke. This left him with neurological impairment. The MDU of the doctor in question disputed liability. Proceedings had to be issued at Court and this case eventually settled.

SJ Edney solicitors obtained £230,000.00 for this client in 2006

 

Failed sterilisation results in pregnancy

One of clients (a young mother with 5 children) attended hospital for a sterilisation. She then became pregnant again. Our expert confirmed that the hospital had not taken adequate care in performing the original operation. Liability was disputed by the Hospital Trust. Following the issue of Court proceedings, their solicitors conceded liability and she was duly compensated for the unplanned pregnancy.

SJ Edney solicitors obtained £5,000.00 for this client in 2006

 

Nursing Home disputed liability over serious pressure sore

We acted for the husband of a client who suffered from Alzheimers (both of whom were pensioners). Whilst in a Nursing Home, she developed a very serious pressure sore on her back requiring treatment at hospital. This could have been avoided with proper nursing care. The insurers of the Nursing Home disputed liability. Proceedings had to be issued and shortly before the Trial, the Defendants agreed to compensate her.

SJ Edney solicitors obtained £11,000.00 for this client in 2006

 

Routine mammogram causes fracture

Another one of our clients (a retired lady) underwent a routine mammogram. During the course of this procedure she was manhandled and fractured one of her ribs. The Hospital Trust agreed to compensate her for her injury

SJ Edney solicitors obtained £1,000.00 for this client in 2006

 

2005

 

Leg infection spreads requiring additional surgery

Another client consulted his GP complaining of pain and discomfort in his leg. His GP attributed his complaint to a muscular-skeletal injury. Sadly, he didn’t suspect that he had an infection and as there was a delay in our client being referred to hospital, the infection spread throughout his leg and he required additional surgery and his mobility was more impaired than it should have been. Proceedings had to be issued and this case settled shortly before Trial.

SJ Edney solicitors obtained 62,500.00 for this client in 2005

 

Mis-diagnosis of lung cancer

Our client regularly attended hospital throughout 2002 complaining of chest infections. Her right lung was scanned and she was reassured that she only had a cyst and there nothing for her to worry about. Her health continued to deteriorate and she was re-scanned by the hospital in early 2004 when on this occasion they diagnosed lung cancer. This should have been spotted in 2002. She had to be admitted as an emergency to have the tumour removed but the delay in diagnosis by some 12 months sadly worsened the long term outcome for her. Proceedings had to be issued and this case was eventually settled.

SJ Edney solicitors obtained £72,500.00 for this client in 2005

 

2004

 

Mobility in arm reduced by "frozen shoulder"

A failure on the part of a GP to treat a client's "frozen shoulder". She then went on to develop an infection after an injection had been administered inappropriately by her GP which left her with reduced mobility in her arm.

SJ Edney solicitors obtained £70,000.00 for this client in 2004

 

Delay in referral resulted in surgery for melanoma (skin cancer)

A failure on the part of a GP to diagnose or even suspect that a client may have had a melanoma (skin cancer) and as a consequence, there was a delay in her referral to hospital which resulted in treatment and surgery which could have been avoided with a prompt referral.

SJ Edney solicitors obtained £20,000.00 for this client in 2004

 

2003

 

Incorrect interpretation of cervical smear led to cervical cancer

Failure on the part of a hospital to correctly interpret a cervical smear which led to our client developing cervical cancer with a much worse prognosis.

SJ Edney solicitors obtained £115,000.00 for this client in 2003

 

Incorrect interpretation of cervical smear led to cervical cancer which caused death

A failure on the part of a hospital to correctly interpret a cervical smear which also led to a client (a young mother with two children) developing cervical cancer which tragically killed her.

SJ Edney solicitors obtained £250,000.00 for this client in 2003