2nd April 2019
Our client, JW brought a clinical negligence claim on behalf of his wife, EW, (aged 79), as a result of treatment she received whilst she was an inpatient at West Middlesex University Hospital, Isleworth in August – November 2014.
In essence, the hospital failed to provide adequate nutrition and hydration to EW resulting in EW losing 17% of her body weight in less than three months.
In addition, the Defendant failed to put in place control measures to prevent EW from developing pressure sores to both feet. These went undetected and untreated by nursing staff at the hospital.
A Letter of Claim was sent to the Defendant Trust alleging negligence on their part.
In response, the Defendant denied any breach of duty on their part in relation to the malnutrition other than admitting failing to complete and maintain fluid and nutritional charts pertaining to EW.
Bizarrely, they also denied that EW had developed any pressure sores, even though these were recorded and documented in EW’s medical records.
Due to their denial, proceedings were issued and served out of Canterbury County Court. The Defendant maintained their denial of liability.
Fairweather Solicitors LLP entered into negotiations with the Defendant.
The Defendant put forward an offer of £5,000, in full settlement of the claim. This was rejected.
Following protracted negotiations, we were able to obtain an increase in relation to the settlement sum to £13,000.
Kate Kennell, Senior Solicitor who had conduct of claim said as follows:
“This was a very sad case in which the last few months of EW’s life were not as comfortable as they ought to have been.
The Defendant failed to be cooperative in bringing the matter to a timely conclusion.
However, I am very pleased that finally common sense has prevailed and the matter has been brought to a successful conclusion and closure for the family.”