£10,000 compensation recovered for misdiagnosis of constipation and a failure to carry out an abdominal CT scan in a timely manner

Our client, Mrs C, aged 65 from Ashford was admitted to the William Harvey Hospital with abdominal pains and vomiting at Christmas 2011.

The A&E Department of William Harvey Hospital requested an urgent CT scan of the abdomen but this was not actioned. Instead, Mrs C was misdiagnosed with constipation and treated incorrectly for this.

It was not until 2 days later that a CT scan of the abdomen was actually carried out.

The CT scan confirmed that that the Claimant wasn’t constipated but had a small bowel obstruction requiring emergency surgery.

As a result, Mrs C suffered considerable unnecessary pain and distress due to the misdiagnosis and incorrect treatment.

A claim was pursued against East Kent Hospitals University NHS Foundation Trust.

Following the service of proceedings, the Defendant made an offer of £6,500 to settle and after some negotiations, the claim was settled for £10,000.

Kate Virica who had conduct of the claim commented:

“This was a good result for the client who was happy with the settlement offer and the fact that the Defendant admitted they were at fault”.

Mrs C, commented regarding Fairweathers’ legal service:

“As a victim of medical negligence, I was recently forced to resort to litigation in order both to seek justice and to be able to regain control over my life. Like many with no prior experience of the legal world, I found the prospect intimidating in the extreme and I had no idea where to begin. A trusted friend, herself a solicitor, suggested I consult Fairweathers.

I was not disappointed. From the start of what was to become a lengthy and at times upsetting process, I was given utterly professional specialist advice, as well as the comfort and support I needed. The following are some of the elements I particularly valued during my dealings with Fairweathers:

  • I was listened to sympathetically and all aspects of my case were thoroughly examined.
  • I was kept fully informed and updated throughout – any enquiry from me was given immediate response.
  • My case was handled on a no win/no fee basis so that I was protected from financial worries
  • Highly respected medical experts were consulted on my behalf.
  • My team were efficient and reliable, friendly and discrete. I valued their sensitive handling of difficult personal issues.
  • The advice I was given, though not always what I hoped  to hear, was utterly sound and objective and always realistic.


For these and other reasons, now that my case has been successfully resolved, I am happy to recommend the professional expertise of Fairweathers all those who find themselves in a similar situation.”