Category Archives: General News

Pressure Sore Case against Medway Maritime Hospital Settles for £9,000

Pressure Sore Case against Medway Maritime Hospital Settles for £9,000

14th November 2024 – Our client, an elderly gentleman, developed pressure sores on his heels and sacrum during his admission to the Medway Maritime Hospital, Gillingham between May and July 2022

On 12.05.2022, he was admitted with worsening confusion, reduced mobility, shuffling gait, hypercalcaemia, sepsis, delirium, severe degenerative spinal diseas and cord compression. He was nursed on an Invacare mattress with regular repositioning directed.

On 22.05.2022, it was noted that his skin was intact but reddened in the sacrum area which was recorded as a category 1 pressure ulcer.

On 01.06.2022, our client was reviewed and assessed by a Tissue Viability Nurse (TVN) who noted multiple desiccated slough wounds in irregular shapes to both buttocks. Wounds were also present on the scrotal sack and the right heel.

The TVN provided a plan:- to leave the heel wound open, apply a heel lift boot and observe for changes daily; to apply flaminal forte to the sacral wounds at each 2 hourly repositioning; to ensure that the patient was on the correct mattress for his Waterlow risk assessment score; to follow the pressure ulcer management pathway; for district nurse referral on discharge.

There was a potted history of recovery and relapse over the next several months but eventually the patient was able to overcome the ulcerations.

The family however, were very disappointed with the level of care that had been given and wished to take action on behalf of older people in hospital care generally who may experience similar problems.

They consulted Fairweathers Solicitors LLP who very quickly assessed the case as having strong prospects of potential success.

We investigated the case and instructed a clinical expert in order to commence a claim with the Defendant Hospital Trust.

The Defendant on presentation of the evidence took the opportunity to conduct their own investigation.

Following this they accepted very quickly that there had been a failure to appropriately monitor the skin condition following the admission which caused the development of the ulcers which had gone undetected initially.

This was all in spite of an original risk assessment for the risk of pressure ulceration in this patient as well as a recognition of the danger of ulceration and the measures that needed to be taken. In the circumstances the parties were able to come to a relatively quick conclusion on compensation and the matter soon settled for £9000.00.

Fairweathers’ Solicitor Graham Balmforth, who took over conduct of the matter and concluded it commented:- “An unusual case in that the admission of the patient initiated a system of assessment which should have protected him from the development of pressure sores. What this case demonstrates is that if you reduce clinical care to a serious of checklists, it is never going to be enough, care requires monitoring as well as planning if such dangers are to be mitigated”.

If you or your family need the assistance of our experienced specialist team of Clinical Negligence Solicitors then please submit your case details for our consideration.

 

Failure to Diagnose Ruptured Achilles Tendon Case Settles for £17,500

Failure to Diagnose Ruptured Achilles Tendon Case Settles for £17,500

8th November 2024 – Our client, a middle-aged man from Folkestone, attended an outdoor activity centre with his daughter and grandson on 10.04.22. When he misjudged a step, his legs buckled beneath him causing severe pain to his right ankle and left thigh as he fell.

His daughter took him to Medway Maritime Hospital, Gillingham. He was triaged without pain relief then assessed by a doctor. His right ankle was cold, swollen and pale in colour. He explained what had happened and that he had high levels of pain in the right ankle and calf and in his left thigh. The doctor did not touch the ankle but asked our client to move his foot. He was able to make a slight movement side to side and up and down. He was also able to move his toes. The movement was excruciatingly painful, however, and very restricted. The doctor advised that the ankle was not broken and was likely just sprained. The ankle was not further examined or investigated.

An x-ray of the left femur was arranged which our client was told showed no fracture but that he had torn his left quad muscle. He was discharged home.

At home, he struggled to weight bear on the right foot. Eventually he was able to limp/shuffle around the house, although this was very painful. The swelling did not subside.

On 08.05.22, he attended the Minor Injuries Unit at Queen Victoria Hospital, Folkestone where a nurse asked him to kneel on a chair and squeezed his right calf muscle. She then diagnosed a ruptured Achilles Tendon, over a month after the original injury.

He was referred to an on call Orthopaedic Consultant at the William Harvey Hospital who performed the same kneel and squeeze test then requested an MRI scan. This confirmed a ruptured right Achilles tendon.

Our client was advised that surgery was the only treatment option by then.

On 17.06.22, he attended the Kent & Canterbury Hospital, Canterbury for a right tendo-achilles delayed reconstruction with FHL transfer. He was discharged home the same day. He was told that the surgery went to plan but that he would experience a long recovery including: 2 weeks immobilised in plaster, 6 weeks in a fixed boot and then 4-6 weeks of physiotherapy. This was later extended to 6 months of physiotherapy.

Our client made a formal complaint to Medway Maritime Hospital. After a lengthy investigation an admission was made that the failure to diagnosing the ruptured Achilles originally in A&E was unacceptable.

Fairweathers Solicitors LLP were instructed.

Expert evidence revealed that prompt diagnosis of the injury could have resulted in conservative treatment and that our client was likely to have ongoing disability as a result of his big toe tendon having to be harvested to reconstruct his damaged ligament. This was entirely due to the delay and was therefore an avoidable injury.This analysis was disputed and only resolved after considerable expert evidence was adduced on both sides.

The net result was that the action concluded not for the £10,000 originally offered but for £17,500.00 which more fairly reflected the differential in treatment and the longer term prognosis.

Speaking about the claim Fairweathers’ Solicitor Graham Balmforth who took over and concluded the claim commented:- “this has been a complex claim and one that in the latter stages revolved around the technical aspects of treatment and surgical intervention. It is in situations like this where experience as a medical lawyer is essential. It would be easy to value such a claim at a much lower value and in fact that is exactly what the NHS lawyers did. Familiarity with the surgical procedure meant that this client nearly doubled his award”.

If you or your family need the assistance of our experienced specialist team of Clinical Negligence Solicitors then please submit your case details for our consideration.

Becky gets ready to Ride Africa for Child.Org

Becky gets ready to Ride Africa for Child.Org

A message from Rebecca as she prepares to fly out to Africa next week:-

At Fairweathers, Nick and I have supported Child.org for many years.

Previously we sponsored 6 riders to take part in Ride Africa 2022 and we travelled to Kenya with our family to meet them at the finish line.

Having experienced the end of the ride from a supporter’s point of view I decided back in April 2023 that it was my turn to take on the challenge.

And suddenly it’s nearly upon me!

This year we have sponsored 4 riders, including myself, to take part and we are heading off on 7th November to take on the epic five-day, 500km cycle ride across Kenya which starts on Sunday 10th November.

Every year, Ride Africa raised hundreds of thousands of pounds for international charity Child.org.

Child.org works with pregnant women, communities and government in Kenya to champion community based healthcare solutions that make pregnancies and births safer. Child.org’s Team Mum Pregnant Women’s Groups are working to reduce maternal and newborn mortality in Kenya. No mother, or her baby, should die from preventable causes

If you would like to make a donation, however small, please click on the link: https://www.justgiving.com/page/rebecca-fairweather-1701346895616

And if you’d like to find out more about their current work in Kenya, get in touch with them at hello@child.org or check out their latestnews on their website (www.child.org).

Case of Botched Mastectomy Surgery Conducted by Struck Off East Kent Surgeon Settles for £60,000

Case of Botched Mastectomy Surgery Conducted by Struck Off East Kent Surgeon Settles for £60,000

29th May 2024 – Our client, a 52 year old woman from Ashford, was diagnosed with recurrent lobular cancer of the left breast over the summer of 2019.

Investigations showed it to be Grade III and it measured some 20mm. A mastectomy was recommended.

Our client first met with ‘Professor Mahadev’, in September 2019 and he carried out the surgery as a Consultant Surgeon later that month at the William Harvey Hospital. Alongside the mastectomy sentinel node biopsies were taken.

Following the surgery, our client suffered severe problems with the operation wound. There was swelling and tightness initially, then the wound opened with leakage, bleeding and infection. There was a haematoma and wound dehiscence requiring regular packing and vacuum dressing.

The wound took some 6 months to heal in total and left an unsightly scar, which needs revision. It was a very poor cosmetic result indeed.

Additionally, our client suffered with neck and shoulder pain and restriction requiring physiotherapy. Ultimately she was caused psychiatric injury through what occurred.

Upon our instruction we secured all the medical records and details of an investigation conducted by the Trust which showed that it had recruited this Surgeon without carrying out proper investigations. In fact, he was already subject to GMC investigations at the time of his recruitment.

Earlier this month he was struck off by the GMC for a litany of clinical errors across his treatment of a number of different women including our client.

We instructed an appropriate Surgeon who advised as to the negligence in the case which included not using drains during the procedure itself. We also took advice on revision surgery.

Further, our client was professionally assessed by a Consultant Psychiatrist and found to have been caused anxiety and depression on account of the negligence.

An early offer by the East Kent Hospitals University NHS Foundation Trust, represented through the NHSR, to settle the case in the sum of £25,000 was rejected.

Ultimately through further negotiations, the case settled in the sum of £60,000.

Conducting Solicitor Nick Fairweather commented on the case as follows:-“This is not the first case, in  recent years, where the East Kent Trust’s failure to conduct proper recruitment procedures has resulted in lasting harm to clients. It really is totally unsatisfactory that this Doctor, already under investigation, was allowed to be employed and continue his malpractice in East Kent. I am pleased that he has now been finally struck off by the GMC, thanks to the courage found by our client and the other women who came forward with details of their cases. I pay tribute to our client in this case. It is hard enough to be battling a Cancer diagnosis, and the treatment that comes with it, without finding out, additionally, that the Surgeon whom you relied upon is incompetent. I wish her all the very best for the future”.

If you or your family need the assistance of our experienced specialist team of Clinical Negligence Solicitors then please submit your case details for our consideration.

Case of Death Caused by Perforation of Aorta During Routine Cholecystectomy Settles

Case of Death Caused by Perforation of Aorta During Routine Cholecystectomy Settles

22nd April 2024 – We were instructed by the family of Mrs W a Tenterden lady who died in December 2019, aged 77, following surgery at the Benenden Hospital performed by colorectal surgeon Mr Marzouk.

Ms W was fit and healthy and had been throughout her life. She was the sole carer for her husband who had failing physical and mental health.

When a couple of small gallstones became symptomatic she was referred to the Benenden Hospital under the care of Mr Marzouk.

After investigations, surgery was decided upon in the form of a laparoscopic cholecystectomy which took place on 10.12.19 and should have been a straight forward procedure.

In the event, Mr Marzouk inserted the initial trocar in a sub-standard manner perforating then further damaging the aorta.

Upon recognising his initial error and the ensuing bleeding, Mr Marzouk abandoned the cholecystectomy procedure, converting the laparoscopy into a laparotomy.

His subsequent investigation into the source of the bleeding was inadequate. He failed to find the true source of the bleeding and inappropriately closed without having done so

Ms W deteriorated sharply in recovery with signs of ongoing intra-abdominal bleeding. She had to be returned to theatre where she was attended on by a Consultant Vascular Surgeon who located injury to the aortic wall which was repaired.

She was transferred to the ITU at the William Harvey Hospital, Ashford.

Upon arrival there, her condition continued to deteriorate with signs of infection and sepsis as well as compromised blood flow.

She had to undergo further surgery on 11.12.19.

She died ultimately the following morning on 12.12.19, when her position became non- viable due to an extensive period of chronic hypotension.

The cause of death as found by the Coroner subsequently, after a full Inquest Hearing, was multi-organ failure arising from hypovolaemia shock caused by the massive haemorrhage Ms W suffered when her aorta was damaged by insertion of the trocar.

Benenden Hospital also conducted a serious incident investigation.

The family instructed us to investigate and take forward a case in clinical negligence.

We instructed a Consultant General and Laparoscopic Surgeon and Endoscopist who confirmed the negligent performance of the procedure and inadequate attempt to find the source of bleeding subsequently. But for the negligence, Ms W would, of course, have survived.

A Letter of Claim was sent to Mr Marzouk on 21.04.23. Solicitors instructed by his Medical Defence Union eventually produced a Letter of Response on 10.10.23 making full admissions of liability and causation.

This followed on from an early meeting with the family within which Mr Marzouk made informal admissions.

Following the admissions, the case was quantified and settled for an acceptable sum.

Nick Fairweather, who had conduct of this matter, alongside colleagues, commented as follows:- “Ms W was a hard working much loved wife, mother and grandmother and was looking forward to the rest of her retirement which she richly deserved. It is a terrible tragedy that her life was taken prematurely through wholly avoidable errors in what should have been a straightforward procedure. One has to hope that this experienced Surgeon has truly learned lessons from the case. I pay tribute to the dignity of the families who have instructed us. The case was never about money but to get to the bottom of what actually occurred and hold the Surgeon to account. I hope they can take some comfort from the result that has been achieved ultimately in this regard”.

If you or your family need the assistance of our experienced specialist team of Clinical Negligence Solicitors then please submit your case details for our consideration.

East Kent Trust Settles Negligent Disposal of Foetus after Miscarriage Case

East Kent Trust Settles Negligent Disposal of Foetus after Miscarriage Case

Our client, Mrs H, fell pregnant in September 2019, aged 26, and she and her husband looked forward to becoming parents for the first time.

Sadly, a series of early booking scans in November first questioned then confirmed the absence of a heartbeat and that their baby, J, had tragically passed in utero.

Arrangements were made for a surgical management of the miscarriage, which was booked to take place late in November. The evening before, however, Mrs H suffered heavy bleeding and a suspected miscarriage.

She and her husband attended the William Harvey Hospital Ashford’s A&E department where she was triaged and sent to the Major’s area. As the Trust’s own Route Cause Analysis Investigation Report (RCA) later acknowledged:- “..given that she had presented with vaginal bleeding, she should have been accommodated in an area of the department where her privacy and dignity could be maintained…”

Nearly an hour after they arrived in the department, Mrs H and her husband had to deliver J in a cubicle within the toilets. It was traumatic for them both to have to experience such a devastating event in a wholly inappropriate environment.

J’s foetus was placed into a special container with Mrs H completing a special consent form for the pregnancy tissues to retained for a special cremation to be arranged through the hospital chaplaincy.

After treatment and further investigations, she was discharged home the following day.

A cremation and service for J was arranged for Christmas Eve that year.

However, when Mrs H contacted the hospital, 3 days after her discharge, enquiring about J, this prompted a frantic series of calls within the A&E department and to the hospital laboratory during which it emerged that the William Harvey Hospital had, incredibly, managed to lose the products of conception without trace.

When Mrs H phoned the hospital again, a few days later, she was advised that they had been unable to find the foetus and that it was thought likely that there had been a “disposal…by accident”.

The whole experience left Mrs H depressed and traumatised grieving, in particular, the lost opportunity to say a final goodbye to her child.

The Trust’s subsequent RCA investigation concluded that the foetus had been disposed of rather than sent to the laboratory giving as the “main causal factor” for this distraction within the department because it was “extremely busy”. Further, staff were not able to readily access information about the correct processes to be followed.Mrs H subsequently raised the matter with the Parliamentary and Health Service Ombudsman who investigated and advised that she should take legal action.

Fairweathers were instructed and investigated the case fully, sending a Letter of Claim in June 2023.

An expert psychiatrist examined Mrs H and advised that she had suffered psychiatric injury on account of the Trust’s failings.

Within a Letter of Response sent in October 2023, NHS Resolution, on behalf of the East Kent Trust, made full admissions that the staff working at the William Harvey Hospital were negligent in their management of the remains of Mrs H’s miscarried child resulting in the wrongful disposal of the foetus.

The case was subsequently settled in the sum of £4,000.

The case was dealt with at Fairweathers by Francesca Beach.

Nick Fairweather was scathing in his comments upon the case:- “This is a truly shocking case in which the East Kent Trust has displayed a combination of incredible insensitivity coupled with gross incompetence. Typically, no one was found individually culpable or held to account for what occurred through the Trust’s investigations. It is truly horrendous that in a modern hospital setting, a miscarrying mother has to deliver her baby in a toilet cubical and even then the hospital manages to somehow lose the baby robbing this young couple of the opportunity to say a proper goodbye which is so important in these circumstances. Shame on everyone involved.

I pay tribute to the strength and courage displayed by these parents and their mutual loving support for one another throughout this ordeal. I wish them all the very best for the future.”