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

 

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