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

 

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