Langleys obtain settlement of £18,000 for Claimant whose surgeon conducted the wrong hernia surgery
The Claimant obtained private treatment for his problem hernia. He consented to keyhole hernia repair surgery with his surgeon at The Nottingham NHS Treatment surgery. He later underwent the operation, but in recovery he discovered a large wound. He made enquiries of the nurses who told him that he had actually undergone open surgery not keyhole surgery, which he did not consent to.
The Claimant went on to experience problems with his wound, an extended recovery period, and he sustained a large scar. The Claimant’s hernia problems later returned, and it was identified that the surgery had also been inadequate. The Claimant required a second operation to repair the hernia. Langleys strived to obtain a settlement of £18,000 for the Claimant.
An award of £160,000 was obtained for X in a claim against York Teaching Hospitals NHS Foundation Trust.
In 2010 X was suffering from abdominal pains and vomiting. Her GP confirmed after an ultrasound scan was taken that X had gallstones. She was given medication but as the pain did not subside, she was referred to Scarborough Hospital.
X was given a course of anti-inflammatory medication but as her symptoms persisted, she was put on the waiting list for a laparoscopic cholecystectomy. In March 2011 X was admitted for surgery to remove her gallbladder. As the surgeon was searching for X’s gallbladder (which was not present), a bile duct injury was caused. This resulted in a specialist travelling to the hospital to perform a procedure called a roux-en-y hepatojejunostomy, in order to repair the damage.
X was admitted to the intensive therapy unit following surgery, before being transferred to a general ward and being discharged 9 days after admission. In the summer of 2011, X was still in pain. Blood results showed X was suffering from jaundice. She was admitted to Scarborough Hospital and then transferred to St James’ Hospital in Leeds in December 2011. X unfortunately required further surgery in January 2012 to redo the roux-en-y hepatojejunostomy, which was subsequently redone again.
Andrew Cragg succeeded in proving that the surgery undertaken on 9 March 2011 was negligent and X received an award of compensation.
Compensation for family of a young woman who died as a result of a delay in diagnosis of cancer
We successfully secured compensation for the family of a client who died at the age of 30 after a delay in the diagnosis and treatment of a tumour. Our late client, Lisa, was referred for an ultrasound scan at Lincoln County Hospital by her General Practitioner as she had severe left abdominal pain. The ultrasound scan was carried out in February 2007 and a report was sent to the GP surgery.
The report identified an approximately 2 cm mass closely related to the left kidney. The report indicated that further imaging may be advisable. Lisa was pregnant by the time that the ultrasound scan report was received and was seen at the GP surgery on numerous occasions thereafter but, at no time, was a referral for the further imaging made. Following the birth of her baby, Lisa went back to the GP surgery and arrangements were made for the ultrasound scan to be repeated. By this time, the mass had increased dramatically in size and was reported as measuring in the region of 11 cm.
Lisa was referred back to the Urologist at Lincoln County Hospital. She had to undergo two operations for the removal of the tumour and also surgery for the removal of metastases in each lung as the cancer had spread to the lungs and also to the liver. Despite treatment with chemotherapy, Lisa’s condition deteriorated and she died in February 2012. Lisa left two young children in the care of her mother who pursued the claim upon behalf of her grandchildren.
We obtained medical reports from experts who analysed the scans and the progress of the cancer. They were of the opinion that, but for the delay in the referral to the hospital and for a further ultrasound scan by the GP, Lisa would have survived. The compensation which we have secured for the family will obviously never make up for the loss of a much loved mother and daughter but will enable the children to receive the support that they need into adult life.
Expert medical negligence lawyer, Sally-Ann Robinson, acted in this case. She said “It was a privilege in this case to know and work with both Lisa and her family to secure this settlement. If investigations are requested, then it is vital that steps are taken to follow up the results and recommendations.”
Lisa’s mother, Glynis, spoke of her relief at the conclusion of the case.
“Lisa was a very special person and I am grateful to Langleys for fighting so hard to secure a successful outcome to the claim. Now that the case is concluded, the children and I can try to remember the happy times we had with Lisa and to look forward. As a family, it is important to us that lessons are learned from what happened to Lisa and that medical staff review reports carefully and refer on for specialist care promptly, where necessary.”
Andrew Cragg settles case for failure to diagnose rectal cancer for £520,000 (November 2015)
The Claimant underwent a colonoscopy on 17 April 2009 at the Royal Derby Hospital and a polyp was detected and biopsied. The polyp should have been removed but the hospital failed to do this and the Claimant was discharged. The Claimant experienced bleeding in March 2010, and investigations identified a tumour in the rectum. The Claimant was sadly told that he had rectal cancer. We were successful in proving that the failure to treat the Claimant in 2009 was negligent.
Whilst the Claimant would have always required surgery to remove the polyp, we were able to prove that with earlier diagnosis, he would have avoided a course of radical radiotherapy, from which he suffered radiation burns and chemotherapy. He has also, sadly been left with a permanent stoma and urinary symptoms, which would also have been avoided.
Andrew Cragg was successful in securing a settlement for the client and he negotiated compensation in the sum of £520,000.
Following settlement of the claim, Mr K provided the following overview of his case:
“I just wanted to say thank you to Langleys and in particular Andrew Cragg and his team for all their help in reaching a settlement on my behalf regarding my medical negligence claim.
It has been a long and at times stressful journey, taking some five and a half years to reach a conclusion but throughout it all Andrew has been my rock. His support, persistence, attention to detail and most of all his guidance and friendship has been unwavering.
I was not surprised to read about Andrew’s promotion, recognition of his dedication to his job and his clients. I wish him and all of the staff at Langleys every success for the future and recommend them to anyone who finds themselves in a similar situation to myself.”
Family receive £22,500 following the death of baby
A claim was made against United Lincolnshire Hospitals NHS Trust following the death of a baby at Lincoln County Hospital. Shortly after birth the baby developed serious breathing problems and was transferred to the Special Care Baby Unit. Unfortunately the baby’s condition worsened and he sadly died when he was just one day old.
An investigation commenced and Langleys represented the family at the Inquest. The Coroner found there were significant failures to review the baby by on the Special Care Baby Unit overnight. There had been a delay in providing the essential treatment that the baby needed once it had been realised how serious his condition was. The inquest concluded that both of these failings led to the sudden and sad death of the baby from respiratory problems which could have been treated.
Langleys succeeded in proving that the staff had been negligent.The settlement comprised of damages for the baby's pain and suffering, a bereavement award and funeral expenses.
Claim Settles for £85,000 Following Failure to Complete Falls Assessment and Failure to Prevent Pressure Damage (May 2015)
The Claimant was admitted to St Monica's hospital, York, as a consequence of a fall at home during which she suffered damage to her vertebrae. During her admission the Claimant’s mobility was gradually improving unfortunately her pain levels increased and as a result her mobility became decreased. There was a failure of the nursing team to assess the Claimant’s risk of falling and subsequently the Claimant fell whilst trying to mobilise to the bathroom. The Claimant sustained a fracture to the neck of her right femur.
The Claimant was transferred to York Hospital where she underwent surgery to repair the fractured neck of right femur. After the surgery, the Claimant developed significant pressure damage to her heels, she experienced episodes of dehydration, requiring intravenous fluids and there was a failure to provide medication in liquid form, as a direct result of failures to nurse the Claimant properly. As a consequence, the Claimant was unable to return to the family home where she was previously independently living. There was no alternative but for the Claimant to move to a nursing home where she continues to live, although, sadly as a result of the failures in her care she is now immobile.
Court proceedings were issued and served in this matter but it was possible to settle the claim on the basis of a payment of £85,000.
Negligent Repeat Prescription for Child Awarded £5,000 (April 2015)
An award of £5,000 was obtained for a child who was prescribed a drug called Chlorpromazine by her GP which is an anti-psychotic drug. Independent evidence was obtained which confirmed that it was substandard care for a child to be given a prolonged prescription of a sedative for sleep disturbance. As a result of the negligent repeat prescription, the child suffered a prolonged period of daytime sedation and reduced appetite. The quality of her life for a 14 month period was greatly affected.
Damages of £5,000 for Negligent Advice (March 2015)
Langleys obtained an award of damages in the sum of £5,000 for a little girl who suffered unnecessary pain and suffering as a result of a delay before she was admitted to hospital suffering with viral encephalitis. A claim was pursued against the NHS Commissioning Board as a result of negligent advice provided by the Out of Hours Services which caused the unnecessary delay. Fortunately the delay in recognition and treatment of the encephalitis did not result in any long term damage.
Family’s Three-Year Campaign for Justice Following ‘Avoidable’ Death of Grandmother advised by Langleys (January 2015)
A coroner has ruled that the death of a Spalding grandmother could have been prevented had she not been discharged from hospital without the lifesaving surgery she required. Read the story in full here
Client Receives £10,000 for Unnecessary IVF (December 2014)
An award of £10,000 was obtained for Mrs X in a claim against her GP who failed to tell her about the result of a cytogenic test which confirmed that she had a condition known as Turners Syndrome. As a result of Mrs X not being advised of the outcome of the test and a referral for genetic counselling being made, Mrs X proceeded with IVF treatment. If Mrs X had been advised that her difficulty in conceiving could be related to an underlying genetic condition, then she would not have proceeded with the treatment. Mrs X was devastated to be advised that the information was available to the GP treating her before the IVF treatment was undertaken. A claim was made for the unnecessary IVF treatment and the psychological distress caused by the unsuccessful treatment.
Claimant Receives £3,500 after Suffering Infection Following Delivery (December 2014)
Following delivery of her baby, it was planned for the Claimant to be given a 5 day course of antibiotics. However, this plan was not followed through and antibiotics were not administered to the Claimant. It was only after assisting the Claimant to pursue a complaint through the NHS complaints process was it discovered about the plan for her to have a 5 day course of antibiotics. This information was not made known to the Claimant and was therefore not the reason she initially instructed me.
This case was complicated by the fact the Claimant suffered a non-negligent post-dural tap headache for which she required admission to hospital and time away from her newborn baby. We had to be careful when negotiating settlement to separate the effects of the non-negligent treatment and the effects of the negligent treatment.
It was argued that on the balance of probabilities as a result of the admitted failure the Claimant suffered with infection which then caused or materially contributed to the episiotomy breakdown, which went on to heal naturally. The Defendant argued that the failure to provide the planned antibiotics did not cause the episiotomy to breakdown. Following protracted negotiations settlement was agreed at £3,500.
Damages Secured of £17,500 Following Stillbirth (November 2014)
A claim was made against the Northern Lincolnshire & Goole Hospitals NHS Trust arising out of antenatal care received at the Scunthorpe General Hospital and the circumstances surrounding a tragic stillbirth suffered at 40 weeks in May 2011. Concerns included a delay in induction of the labour and a failure to monitor the baby’s heart following the administration of pain relief. Funeral expenses were claimed together with the additional support required from her husband in view of the severe psychological reaction suffered due to the loss of her baby. Damages in the sum of £17,500 were obtained.
Claimant Receives £80,000 Following Delay in Diagnosis of Breast Cancer (October 2014)
The Claimant noticed a lump in her right breast in May 2011. After attending her GP she was referred to hospital. She was seen on the 7 June 2011. A mammogram, ultrasound scan and fine needle aspiration were all carried out. The Claimant was informed that she simply had a fatty lump and there was nothing to worry about. In October 2011, the Claimant attended her GP again as she continued to be concerned about the lump which had not disappeared and had in fact changed. She was referred back to the hospital. Following tests she was told that the lump was suspicious and needed removing. She was also informed at this time that the results of the biopsy taken in June were actually inconclusive and a further biopsy should have been taken at that time. The Claimant underwent surgery to remove the lump in October 2011. She had further surgery for a full nodal clearance in November 2011. She subsequently underwent chemotherapy and radiotherapy.
It was admitted that there had been a negligent delay in diagnosis by 4 months. It was the Claimant’s case that had an earlier diagnosis been made then she would have still undergone chemotherapy and radiotherapy but she would not have needed the full nodal clearance because the lymph nodes would not have been involved at earlier diagnosis.
Despite the delay in diagnosis medical experts for the Claimant were of the opinion that her prognosis was still good albeit her life expectancy had been shortened by 2.8 years. As a result of the full nodal clearance the Claimant suffered lymphedema and took early retirement from work. Settlement was agreed at £80,000 taking account of pain, suffering and loss of amenity together with past and future financial losses such as loss of earnings and assistance with household chores.
Multi-million Pound Settlement made to Client Brain Damaged after a Negligent Delay in Birth (September 2014)
Langleys have settled a case on behalf of X, who is now a teenager and who suffered brain damage at birth. This case was transferred to Langleys to pursue from another firm of solicitors who did not have a specialism in cerebral palsy cases. Read the story in full here
Beryl Receives Compensation and Admission from the Hospital Trust that they had Failed her (September 2014)
In March 2009, Beryl fell while she was out walking. She fractured her left patella and was placed in a plaster cast. Unfortunately, the plaster cast rubbed on her ankle and resulted in a pressure sore which became infected. The Hospital failed to act upon her reported concerns that the plaster cast was rubbing and, therefore, failed to prevent the pressure sores from developing. The condition of her ankle deteriorated to the extent that, sadly, Beryl's left leg had be amputated above the knee on 1 August 2009. Read the story in full here
Claimant receives £30,000 for Road Traffic Accident Claim (August 2014)
Langleys have recently settled a case for X in the sum of £30,000. X sustained an injury when a lorry failed to stop and drove into the rear of a vehicle behind them causing X’s vehicle to be propelled forward into the car in front. As a result X sustained 9 fractured ribs and 3 damaged vertebrae. X also punctured both lungs, requiring chest drains and also suffered with cardiac injuries and psychological symptoms.
Incorrect Suture Material Case Awarded £21,000 (August 2014)
An award of £21,000 has been negotiated by Langleys in a case against the Walsall Healthcare NHS Trust. Incorrect suture material was used during a hysterectomy operation. This caused the wound to break down resulting in our client suffering additional pain and discomfort. A further two surgical procedures were required and the healing of the wound was delayed.
Elderly Care Home Resident Receives £1,500 Following Assault by Staff Member (July 2014)
The Claimant who suffers with dementia was resident at The Lodge care home in York from June 2010 until May 2012.
It is understood that at around 5.30pm on the 29 December 2011 two care assistants removed the Claimant from the dining table to take her to get ready for bed. The Claimant resisted being taken to her room. It is understood that the accused grabbed hold of the Claimant's arm and pulled her along at speed to her bedroom. Once in her bedroom the Claimant resisted her clothes being removed. It was alleged that the accused then pushed the Claimant on to the bed, knelt on top of her, grabbed her hair and started banging her head on the bed. The accused was stopped by the other care assistant present.
The accused was later suspended and a police investigation was instigated. The accused was charged with Common Assault and sentenced on the 30 November 2012 to a 3 month prison sentence, suspended for 12 months, and a Supervision Order of 300 hours. A claim against The Lodge has settled favourably in the sum of £1,500.
Claimant Receives £37,000 for Dental Negligence (June 2014)
We have settled a dental negligence case on behalf of X who received £37,000 for unnecessary pain and suffering and extensive dental work required as a result of the Defendant’s negligence to diagnose and appropriately treat/manage periodontal disease from as early as 1987.
7 week delay in diagnosis of ankle fracture – £6000 (April 2014)
Sarah Louise Urwin contacted Langleys in August 2011 following a delay in diagnosis of a fracture to her left ankle.
Sarah fell and injured her ankle and knee on Saturday 25 June 2011. She attended Selby Minor Injuries Unit the next morning and again on 28 June. Despite having tenderness and being unable to weight bear, Sarah was not offered an x-ray on either occasion. She was advised it was a sprain and provided with crutches. After five weeks of intense pain, Sarah sought further advice from her GP who referred her for an x-ray on 12 August 2011. The x-ray confirmed a fracture of the left lateral malleolus with soft tissue swelling. Sarah’s leg was placed in a below knee lightweight cast and she was advised to be non weight bearing. The cast was removed on 24 August 2011 and an aircast boot was provided. The fracture took a further six weeks to heal.
Langleys initially assisted Sarah to pursue a complaint against the Trust under the NHS complaint scheme and thereafter, her records were requested and a letter of claim was sent to the Trust in August 2012 holding the Trust responsible for the delay in diagnosis which caused Sarah additional pain and discomfort over a prolonged recovery period. The NHS Litigation Authority, on behalf of the Trust, initially denied liability. In February 2013, Langleys made an offer to settle the claim in the sum of £6000. This was rejected.
Langleys obtained further evidence to support the claim, including witness evidence from Sarah and her family members and after further perseverance, the claim was accepted by the NHS Litigation Authority on 15 November 2013. The Part 36 Offer of £6000 was accepted by the NHSLA on 25 November 2013.
Personal Representatives of the Estate of X receive £5,000 for distress caused by GP (March 2014)
Langleys have settled a case on behalf of X in the sum of £5,000 in respect of the distress caused by a GPs actions. It was alleged that the standard of care received by X fell below an acceptable level in that X was wrongly advised that he was terminally ill and had 6 months to live. Medical evidence found that the GP had a fundamental misunderstanding of the clinical situation. X did have serious medical conditions but these were not life threatening and it was inappropriate for the GP to provide such a dire prediction to X. The GP also cancelled all of X’s hospital appointments and commenced him on morphine. The treatment caused mental anguish and indeed proved incorrect when X went on to live for nearly 2 years after being given the unfortunate news. X suffered a psychological reaction to the treatment by the GP.
Personal Representatives of the Estate of X receive £6,000 for pressure ulcer caused by plaster cast (Feb 2014)
Langleys have settled a case on behalf of X in the sum of £6,000 in respect of pain and suffering caused by a pressure ulcer. It was alleged that the standard of care received by X fell below an acceptable level in that a below knee plaster cast applied to treat a fractured ankle in November 2011 was inappropriately applied so as to cause a pressure ulcer upon the lateral side of X’s left ankle. X required district nursing care until May 2012. X suffered with mobility problems in any event but these were exacerbated by the pressure ulcer. Sadly, X passed away of unrelated causes before the case was settled.
Claimant Receives £4,000 for 3 Days Additional Pain and Suffering
Langleys have settled a case on behalf of X in the sum of £4,000 in respect of 3 days additional pain and suffering. X attended his GP with abdominal pain. He was diagnosed with IBS and provided medication. The abdominal pains continued despite taking medication. X’s GP maintained the diagnosis of IBS. Several months later X was rushed to hospital and, following investigations, was diagnosed with bowel cancer. Our expert evidence suggested that thankfully X’s prognosis and life expectancy had not been affected by the delay in diagnosis. However, but for the delay X would have received an earlier diagnosis and would have undergone surgery shortly before his emergency admission to hospital thus preventing 3 days additional pain and suffering and an emergency admission to hospital.
Claimant Receives £8,500 for a Retained Swab (Jan 2014)
Langleys have settled a case on behalf of X in the sum of £8,500. Following a difficult caesarean section that resulted in a post-partum haemorrhage and hysterectomy it was noticed by theatre staff within an hour that there was a surgical swab unaccounted for. An abdominal x-ray confirmed that the swab had been left in the abdomen of X.
X was immediately taken back to theatre for removal of the swab. Surgery was a particular risk for X because she suffered with an allergy to certain anaesthetic agents.
X was separated from her new born baby for around 36 hours following his delivery. This meant that she missed out on those all important initial bonding sessions, i.e. first skin to skin contact, first feed, first nappy change etc. Also, X had planned to breast feed but due to the fact she had spent the first 36 hours separated from her baby she found it impossible to establish feeding. It was accepted that in part her time away from her new born was due to the post partum haemorrhage and hysterectomy. However, the need for a second laparotomy extended this time.
X suffered a psychological reaction following the delivery. Again, it was accepted that in part this was due to the hysterectomy. However, it was also partly due to the issue of the retained swab and the fact X was put at risk of having a second general anaesthetic.
Claimant Receives £1,500 in Damages for Care Home Negligence (Oct 2013)
Langleys have settled a case on behalf of X in the sum of £1,500. X suffered with hypothermia and cuts, scratches and bruises after being found outside of a fire exit door of a care home at 1am. X had not been accounted for since 8.30pm. No checks had been made as to X's whereabouts until after midnight. The fire door out of which X had escaped was alarmed but the alarm had been turned off. The Safeguarding Adults Team made a full investigation and allegations of neglect were substantiated.
Award of £3,000 Awarded as a Result of Deficiencies in End of Life Care Treatment (Sept 2013)
Langleys have settled a case for the family of their deceased mother in relation to end of life treatment. This included a delay of 48 hours in providing a syringe driver in accordance with the Liverpool Care Pathway in the end stages of life. This failure was very distressing for Mrs X at a time when she should have been pain free.
Award of £30,000 Obtained as a Result of Injury to Bladder during Caesarean Section (July 2013)
This was a case relating to the conduct of a caesarean section where the surgeon failed to identify the anatomy adequately and delivered the baby through the bladder incision. As a result of this the client suffered a significant bladder injury and had to undergo a prolonged repair procedure and blood transfusion. X had an extended stay in hospital and was unable to care for her baby initially. There was also an element of psychological distress.
Claimant Receives £1,000 for 5 Days Additional Pain and Suffering (July 2013)
Langleys have settled a case on behalf of X in the sum of £1,000 in respect of 5 days additional pain and suffering. X was sent to A & E by his GP with suspicion of having suffered a heart attack. Despite several abnormal ECGs and very high Troponin levels X was discharged home with a diagnosis of reflux. X was readmitted several days later after his GP reviewed correspondence from the hospital and noted the high Troponin levels. Our expert evidence suggested that thankfully X had not suffered any additional damage to his heart as a result of the delay in diagnosis. However, but for the delay X would have been admitted to hospital and would have undergone an angioplasty much sooner than he did thus preventing 5 days additional pain and suffering and distress at home as his symptoms continued.
Claimant Receives £3,500 for Dental Negligence (June 2013)
We have settled a dental negligence case on behalf of X who received £3,500 for unnecessary pain and suffering caused when the negligent Dentist incorrectly extracted a healthy tooth in the upper right hand side of X's mouth at the back.
Executors Awarded £5,000 (May 2013)
Langleys have recently settled a claim on behalf of X's son and Executor following a fall X had whilst in hospital. The hospital Trust admitted that, due to their failure to ensure X was adequately assisted when undergoing an x-ray, X suffered a fall in which X suffered a fractured ankle. Sadly, X died before the case was concluded, from health problems which were not related to the fall. Following the death of X, Langleys took instructions from her Executors and achieved an award of £5,000 on behalf of X's estate for the pain and suffering X experienced as a result of the fracture in the 12 months prior to death.