Case Studies

Matter: Skin Lesion: Unnecessary Surgery

Concluded: June 2023

Award: £7,000

We were instructed by the claimant in August 2022. The Claimant had attended [Salisbury District Hospital] in July 2021 for an excision to their arm and chest plate due to two lesions in the skin. In September 2021 it was confirmed that the lesion in their arm had been excised completely and did not require any further surgery, but the chest melanoma required a wide level excision.

In October 2021, the Claimant attended the hospital for this wide level excision. The paperwork confused the surgeon and nurse and they were unsure as to whether they need to excise the lesion on the arm or the breast plate. Upon seeking advice from a consultant, it was decided that they should proceed with excising the arm of the Claimant. Once the error was identified, an apology was issued – the Claimant was advised that they would need to undergo the procedure again, as the lesion on their chest would still need excising.

The incident report confirmed that this procedure should not have been performed, and in August 2022, the Claimant received a further letter of apology. We issued a part 36 offer, the claim was referred to an a ‘never event’ and as such, we were able to settle the matter quickly and efficiently.  The Claimant was pleased with this outcome and accepted the offer.

Matter: Eye Lesion: Liability and Causation

Concluded: November 2023

Award: £13,000

The Claimant attended her GP in February 2018 due to a lesion on her eye that was growing. The GP didn’t know what the lesion was and referred her to the ocular plastic team at hospital. The referral was rejected by the hospital as it was considered it was a cosmetic procedure and one that would have to be deal with privately.   The Claimant did not have money to pay for a private referral.

The lesion on the Claimant’s eye continued to grow and after going back and forth to her GP, she was eventually re-referred to hospital in September 2019, some 19 months after she originally presented with the lesion.  At hospital the Claimant was diagnosed with lower eyelid basal cell carcinoma and listed for an incisional biopsy. The biopsy confirmed basal cell carcinoma and the Claimant was referred for excision of the tumour. The excision took place in 2020.  The Claimant made a good recovery following the operation.

It was alleged that the Trust breached its duty of care by failing to examine the Claimant before rejecting the first referral made as it was clear that the specific nature of the lesion was unclear and therefore it should have been investigated. As a direct result of that failure, the Claimant’s lesion continued to grow which resulted in her having a more extensive surgery than would have been required, had she been seen and treated some 12 months earlier.

Matter: LR  V Bradford Teaching Hospitals NHS Foundation Trust

Concluded: August 2023

Award: £40,000

C, female, aged 39 at the date of the incident and 41 at the date of the settlement, sustained injuries when she went into premature labour at home resulting in the stillbirth of her baby daughter at 23 weeks’ gestation on 7 April 2022.

Most significant injury:  Stillbirth at 23 weeks’ gestation resulting in depression and anxiety.

Extent of injury: Depression and anxiety lasted for 36 months.

Total injury duration: 3 years

Read the full report here.

Matter: Clinical Negligence During Surgery

Concluded: June 2021

Award: £39,000

In 2012 the Claimant was diagnosed with vaginal cysts and endometriosis. The Claimant experienced intermittent pain and requested a hysterectomy. Prior to the hysterectomy taking place, the decision was made for the Claimant to undergo a diagnostic laparoscopy. During the procedure the surgeons attempted to remove the vagina cysts. Unfortunately, during the procedure, the Claimant’s bowel was cut and a large tear was noted. The tear was repaired but a colostomy was required. The Claimant underwent a reversal to the colostomy five months later.

A claim was brought against the Defendant who admitted that the cysts should not have been removed at that time as there had been a failure to properly consider the location of the cysts and the risk of bowel injury.

The Claimant suffered additional pain as a result of the negligence and required to undergo another operation to reverse the colostomy. The claimant also suffered mentally and required counselling following the surgery.

Matter: Clinical Negligence

Concluded: January 2021

Award: £19,500

The Claimant fell down the stairs in December 2017 and complained of right rib, shoulder, chest and back pain. She was admitted by emergency ambulance in the early hours to A&E of the Defendant Trust.

The Claimant was transferred to a further hospital where she underwent surgery to remove the chest drain from her liver.  The Claimant remained in ICU and received post-operative care as an inpatient.

As a result, the Claimant underwent further surgery resulting in several unnecessary days in hospital and a pro-longed recovery. She continues to suffer with constant chronic pain over the drain site which extends to her central abdomen which is highly unlikely to improve as it is related to nerve damage.

Matter: Road Traffic Accident

Concluded: December 2020

Award: £55,000

Dutton Gregory acted for a Claimant following a road traffic accident that occurred in September 2016.  The Claimant was struck on his right side by a mini bus that was travelling on the wrong side of the road.  He was thrown over the bonnet and his left leg was dragged under the vehicle.  The mini bus moved some distance before stopping and remained in situ on the Claimant’s leg for some time until it was removed.

The Claimant underwent several operations to his left knee and was left with permanent ongoing injuries and pain.  He could not run or cycle or play football.  He also suffered from PTSD to a clinically significant level for 12 months and is still anxious when walking near roads or when travelling in a car. 

Proceedings were issued and the matter proceeded via the Fast Track with the Defendant’s solicitors offering the Claimant £30,000.  Dutton Gregory put forward an offer of £60,000 and after exchange of witness statements, the Defendant’s solicitors increased their offer to £55,000 and the Claimant accepted it.  Medical evidence was obtained from an Orthopaedic Surgeon and a Psychologist.

Matter: Clinical Negligence During Surgery

Concluded: December 2020

Award: £30,000

Claim brought against Care UK Ltd relating to the surgical removal of a bunion in hospital.  The surgery was not successful and it was alleged that the standard of surgery was negligent.  The client suffered from continuing pain, some restriction on mobility, a past loss of earnings and potential difficulty on the labour market.

Matter: Undiagnosed Deep Vein Thrombosis, or DVT.

Concluded: November 2020

Award: £117,500

Claim brought against two GPs and a hospital in respect of a failure to diagnose a DVT following a right ankle injury.   The delay in treatment compromised the client’s recovery and adversely affected his mobility and employment.
 

Initially, all Defendants denied liability.  However, during the course of the court proceedings, the hospital admitted negligence and conceded responsibility for paying the Claimant’s costs of his claims against the two GPs, thereby allowing the Claimant to discontinue against these two Defendants.

Matter: Brain Damage at Birth

Concluded: November 2020

Award: £3m

It was the Claimant’s case that her serious brain damage suffered at the time of her birth was caused by the negligence of midwives and an obstetrician at the Defendant hospital in the time immediately before her delivery. On her behalf it was said that there were unnecessary delays in her delivery. It was not disputed that the Claimant was born in poor condition and that she suffered an episode of acute profound hypoxia.

The Claimant suffered from hemiplegia, was wheelchair dependant and unable to walk independently. Her left arm and hand were severely affected, her right hand was normal in terms of grip. The Claimant required a pad at night for continence. She has global developmental delay and whilst she attends a mainstream school, she has a statement of special educational needs. Her condition is considered permanent. 

The Claimant’s parents were asked to consider what sum of money would be life transforming for their daughter.  They agreed on £3 million based upon acquiring and adapting a home for their daughter and providing a care regime for when they needed assistance in their later life.

Matter: Missed Diagnosis of Gastric Cancer

Concluded: November 2020

Award: £290,000.

The Claimant, (a widower) alleged there was negligence in the reporting of the Deceased’s (his wife’s) pathology in March 2014. The Claimant further contended that but for the Defendant’s negligence, the Deceased would have undergone surgical treatment (either partial or subtotal gastrectomy), not required further treatment and would have avoided chemotherapy. She would have been able to return to work approximately 3 months after surgery, the surgery would have been curative and she would have survived to a normal life expectancy.

Matter: Clinical Negligence During Surgery

Concluded: October 2020

Award: £52,500

The Claimant’s case was that negligence during surgery caused injury to her ulnar nerve requiring further surgery and a permanent reduction in the function of her right arm and right hand.

It was the Claimant’s case that after she woke from her surgery, she could not feel her right hand at all. She was informed that this was normal and that the feeling would return but it did not. The Claimant questioned whether a nerve could have been trapped during the surgery, eventually the Surgeon agreed to send the Claimant for nerve conduction tests and she was informed that the metal work from the surgery was touching her nerve. The Claimant therefore had to have further surgery.

Matter: Pedestrian/Vehicle Collision

Concluded: April 2020

Award: £1.3m

The Claimant was standing with her elderly grandmother at a cash point outside a supermarket, when a car suddenly, and without warning, struck them both.  The grandmother passed away and the Claimant sustained life changing and permanent injury to her left leg necessitating her to wear a brace for the rest of her life. 

Dutton Gregory had six round table meetings with the third-party insurers and their nominated solicitors in order to keep everyone up-to-date. Given the significant injury to the Claimant’s leg and several operations to it, medical evidence had to be delayed, and whilst dates had been arranged for the Claimant to be seen by a Consultant Orthopaedic Surgeon; Vascular Surgeon and Psychologist, the third-party insurers offered the Claimant £1.25m. 

Following a conference with Counsel and going through all the figures with the Claimant Dutton Gregory was instructed to negotiate for more and the Claimant finally accepted an offer in the total sum of £1.3m

Matter: Clinical Negligence During Surgery

Concluded: January 2020

Award: £47,500

The Claimant had a history diverticulitis between 2010 and 2016. In May 2016, the Claimant underwent an operation which had been scheduled as a sigmoid colectomy. In fact, the operating surgeon only undertook a partial/limited resection of the colon, rather than a sigmoid colectomy as scheduled. As a result of the failure to perform a complete sigmoid colectomy the Claimant required further surgery and continued to suffer from erratic bowel habits secondary to diverticular disease that will continue indefinitely.  A partial admission of liability was made and. through negotiations, the Claimant was awarded compensation. 

Matter: Delay in Diagnosis and Treatment

Concluded: October 2019

Award: £6,500

The Claimant was a Type 2 Diabetic. In 2014 he noted a black mark on his foot, just below his great toe. He was refereed to hospital, fitted with an orthotic insert for his shoe, and attended the hospital regularly for two years. The black mark on his toe grew bigger and bigger and in 2016 he started experiencing pain in his left leg. In 2017 it was noted that the Claimant had poor blood flow to his leg and he underwent a procedure to insert a balloon into his artery to improve circulation. Although circulation was improved his great toe could not be saved and was amputated.

The claimant brought a claim against the hospital for the delay in diagnosing and providing the Claimant was appropriate treatment. Had this taken place, his toe would not have needed to be amputated. The Claimant experienced mobility problems as a result of the amputation. The Defendant made a partial admission of liability.

Matter: Clinical Negligence After Childbirth

Concluded: August 2019

Award: £15,000

Following a failure to diagnose and appropriate treat a 3^rd tear following the birth of her first child, the Claimant experienced incontinence from her bladder and bowel and was advised that she would need further surgery to repair the damage.

Matter: Failure to Act

Concluded: August 2019

Award: £18,000

In 2004 the Claimant was selected by a third party to take part in a clinical trial. As part of the screening process, he needed to undergo a blood testing to assess his PSA level. The Claimant was not selected to take part in the clinical trial but he was told that his blood test showed a raised PSA which could be an indication of prostate cancer. The third party sent a letter to the Claimant’s GP confirming the abnormal PSA result and suggested that the Claimant undergo further investigations. The Claimant’s GP did not contact the Claimant upon receipt of the letter.

11 years later, the Claimant attending his GP with recurrent lower urinary tract symptoms. His PSA was taken again which had risen from 5.7 to 38. He was referred to urology and diagnosed with prostate cancer. He underwent treatment which he responded well to but suffered significant side effects from the treatment.