Our Client, a 34 year old woman from Maidstone, Kent, was admitted to Tunbridge Wells Hospital on the 24th February 2012 with suspected appendicitis.
There was a delay in her being admitted to the surgical ward of around 17 hours. As a result she was left on a trolley waiting to be taken to theatre in the Accident & Emergency Department over night.
Consequently, she developed a DVT because of prolonged immobilisation before the operation.
She also subsequently developed chest pain and left leg neuropathic pain which impacted on her functionality.
Expert evidence was obtained to show that the chronic left leg neuropathic pain was caused as a result of the Trust’s negligence.
A Letter of Claim was sent to the Trust on the 12th March 20134. The Letter of Claim alleged negligence based on the fact that the Claimant should have been assessed as being at risk of developing deep vein thrombosis given a previous family history.
Furthermore, that she had not been provided with any anti-embolic stockings fitted upon admission and had not been prescribed any anti-coagulant medication whilst in the Accident & Emergency Department.
The Defendant formally responded by way of a Letter of Response dated the 14th August 2014. Although they admitted breach of duty, they robustly denied any causation in relation to the chronic neuropathic leg pain.
Given the Defendants denial in relation to causation, proceedings were issued.
The Defendants put forward an offer of £50,000 in full and final settlement of the Claimant’s Claim. After lengthy negotiations between the parties, the Claimant accepted the sum of £85,000 in full and final settlement.
Kate Virica, Senior Solicitor at Fairweathers who has conduct of the claim commented as follows:-
“I am very pleased with the outcome of this claim. The sum secured will assist my client with managing her residual symptoms and improving the quality of her life going forward”.