£500,000 Provisional Settlement for Failure to diagnose DVT

1st June 2019 – Our client Mrs T from Whitstable suffered Deep Vein Thrombosis (“DVT”) shortly after giving birth on 8th July 2013.

Unfortunately, the DVT was missed during post-natal assessments by Midwives and a Health Visitor even though Mrs T was experiencing the
classic signs and symptoms.

Eventually after pain escalated to a severe level Mrs T’s GP diagnosed DVT on 27 th August 2013. Unfortunately, by now the clot had travelled to the proximal femoral vein extending into the left iliac vein. As a result, Mrs T suffered post-thrombotic limb syndrome and was exposed to long-term risks meaning she will likely be on anticoagulation medication for life. The long-term prognosis is poor in that she is likely to suffer with ongoing ulcers necessitating surgery in future years.

Mrs T instructed Fairweathers to investigate her claim sensing that her post-natal care had been substandard.

With the assistance of carefully chosen experts, negligence on several different occasions was identified and those responsible for what happened were identified.

It was necessary to issue a Claim Form against East Kent Hospitals University NHS Foundation Trust and Kent Community Health NHS Foundation Trust. The Defendants denied liability even though Mrs T had a very clear recollection of events which could not realistically be challenged.

Accordingly, the case continued and preparations were made for trial until the Defendants eventually agreed to a settlement meeting.

Faced with cogent expert evidence supporting the Claimant’s case, proving her injuries and past and future losses the Defendant’s legal team agreed a provisional settlement in the sum of £500,000. The settlement is provisional because of the chance that at some point in the future whilst taking anticoagulation therapy Mrs T will develop a stroke as a result of the negligence. In this scenario, she will be entitled to apply for further damages.

Steve Evans the Solicitor with conduct of this matter commented :
“Settlement was unfortunately delayed because of an unrealistic defence which wasted time and public money unnecessarily but I am very pleased Mrs T was eventually rewarded for her perseverance. She is a young woman with a young family who now has financial compensation for the long-term consequences of unacceptable errors. The fact that the Defendants agreed a provisional settlement demonstrates that they accept the severity of the injuries suffered by my client”.

If you or a member of your family believes you have a claim then please do not hesitate to phone us free on 0800 999 5585, request a call back or submit your case details.