Matthew Kenway, of Fareham, Hampshire, died at Southampton General Hospital in December 2010 after going in for a routine kidney operation.
At an inquest into his death, Coroner Keith Wiseman heard how Matthew had suffered a sudden cardiac arrest, and there was a delay in summoning an emergency team to restart his heart.
Matthew's parents Mr Anthony Kenway and Ms Katie Oxley, represented by clinical negligence specialists from law firm Blake Lapthorn, took legal action against University Hospital Southampton NHS Foundation Trust over the circumstances of his death.
The Trust has now reached a settlement in which it has agreed to pay an undisclosed five-figure sum to Matthew's parents.
The family's solicitor Patricia Wakeford, of Blake Lapthorn, said: "Evidence heard at the inquest raised grave concerns about the quality of care that Matthew received and the processes that were in place at Southampton General Hospital at the time of Matthew's death.
"Despite their loss, Matthew's family have been determined to remember their son as the lively, happy, much-loved child that he was.
"They hope that important lessons are learned from the events that led to his death and that this will prevent other families suffering a similar tragedy in the future."
Ms Oxley said: "Nothing can bring Matthew back but we were determined to highlight what went wrong in the hope that lessons could be learned and that no other family would have to suffer what we have been through.
"Knowing that changes have now been made in the high-dependency unit gives us some comfort. We will always feel Matthew's loss but we do now feel as if we can start to move on.
"We would like to thank Patricia Wakeford and Blake Lapthorn for their support during what has been an incredibly difficult and emotional time."
Matthew suffered from a type of muscular dystrophy called congenital fibre-type disproportion, which meant that he had weak muscles and had to be supported by a ventilator to help him breathe. He also had to be fed through a tube.
Despite the problems it causes, 75 per cent of sufferers of the condition are expected to live a normal lifespan.
Matthew was admitted to Southampton General Hospital in December 2010 because his breathing had deteriorated slightly and he had some pain caused by kidney stones.
On December 15 he underwent an operation to bypass the blockage by the insertion of a tube, known as a stent, up to his left kidney.
After the operation Matthew was looked after on the Paediatric High Dependency Unit (HDU). Shortly after 3am, the oxygen monitor probe appeared not to be recording his oxygen levels. The nurse initially thought the machine might be faulty, but it transpired that Matthew's heart had stopped.
Eventually, a cardiac arrest call was put out and the arrest team then attempted, for 40 minutes until 4.20am, to resuscitate Matthew but they were unsuccessful and he died.
During the course of the two-day inquest, a series of key findings emerged suggesting there were serious shortcomings in the care Matthew received.
At post-mortem it emerged that the stent placed in the left kidney was not in the correct place.
Staff on the Paediatric HDU did not recognise that Matthew's heart had stopped because he was on a ventilator that was maintaining his breathing. In addition, a monitoring probe recording his oxygen levels was felt to be the issue despite no change in Mathew's condition when it was changed.
The inquest heard that a cardiac monitor would have shown that his heart had stopped. The provision of heart monitors is now standard procedure in the Paediatric HDU after surgery.
Dr Michael Marsh, medical director at Southampton University Hospitals Trust, said: "This was an extremely sad case and our thoughts continue to be with Matthew's family following their loss.
"We hope the information provided at his inquest last year helped to give his family a clearer picture of the unusual nature of his condition and the complexities it presented, and the positive actions taken by the trust as a result of the lessons learned.
"Although legal proceedings are now complete, we will continue to offer Matthew's family our full support to help them through this difficult experience."
Following Matthew's case, the Trust introduced electrocardiogram monitoring for all infants and children in the paediatric high dependency unit post-surgery.
This article is courtesy from Capital FM.
Regularly updated blog featuring news, articles and information relating to clinical/medical negligence.
Friday, 28 February 2014
Thursday, 27 February 2014
Wednesday, 26 February 2014
Forty men left without TESTICLES due to botched medical care win payouts from the NHS
Almost 40 men have won compensation claims against the NHS in the last two years after botched medical care meant doctors needlessly removed one of their testicles.
In the majority of cases, surgeons had to remove a testicle that could have been saved if a man had been diagnosed earlier.
But in a handful of horrifying cases, doctors have removed the wrong testicle in a surgical blunder and then have to operate again to remove the other one when the mistake is discovered - leaving the man with no testicles.
The NHS typically pays out around £20,000 when it admits it is at fault for leaving men as monorchid - the medical term for having just one testicle.
But payments for removing a man’s only healthy testicle in a surgical mix-up can be around £70,000 as the individual gets compensation for being left infertile.
Often the compensation figure includes a sum to pay for cosmetic surgery to provide the men with a false testicle.
Figures from the National Health Service Litigation Authority (NHSLA) show that in the last two years 38 successful cases have been brought by men who claimed they were victims of botched surgery on their testicles.
In total £815,000 was paid out by the NHSLA in those cases, meaning the average payout has been around £21,000.
Last year a 48-year-old company director, who didn’t want to be named, revealed he was bringing legal action against Salisbury District Hospital after he had a healthy testicle removed by mistake.
He had gone into theatre expecting a cancerous testicle would be removed, but 40 minutes after the operation a doctor realised the blunder.
The healthy testicle was then frozen, while a plastic surgeon was rushed to the scene and tried to undo the damage.
He said: 'It seems I can no longer father children. I have gone through incredible stress and strain.'
The most common reason for payouts is when medics misdiagnose testicular torsion where the tubes inside the body get twisted cutting off the blood supply.
The condition has to be diagnosed quickly as the testicle can be dead within a few hours.
Other claims result from the consequences of hernia operations where the blood supply to the testicle is accidentally cut off in the surgery.
Joyce Robins, Co-Director of Patient Concern, said: 'It is beyond belief that medics could be so careless. No monetary amount could compensate for a life wrecked because a man can no longer father children.
'We would like to think that surgeons who make this such a crass error were barred from performing similar operations in the future - but we realise that is a vain hope.'
This aticle is courtesy from The Daily Mail.
In the majority of cases, surgeons had to remove a testicle that could have been saved if a man had been diagnosed earlier.
But in a handful of horrifying cases, doctors have removed the wrong testicle in a surgical blunder and then have to operate again to remove the other one when the mistake is discovered - leaving the man with no testicles.
The NHS typically pays out around £20,000 when it admits it is at fault for leaving men as monorchid - the medical term for having just one testicle.
But payments for removing a man’s only healthy testicle in a surgical mix-up can be around £70,000 as the individual gets compensation for being left infertile.
Often the compensation figure includes a sum to pay for cosmetic surgery to provide the men with a false testicle.
Figures from the National Health Service Litigation Authority (NHSLA) show that in the last two years 38 successful cases have been brought by men who claimed they were victims of botched surgery on their testicles.
In total £815,000 was paid out by the NHSLA in those cases, meaning the average payout has been around £21,000.
Last year a 48-year-old company director, who didn’t want to be named, revealed he was bringing legal action against Salisbury District Hospital after he had a healthy testicle removed by mistake.
He had gone into theatre expecting a cancerous testicle would be removed, but 40 minutes after the operation a doctor realised the blunder.
The healthy testicle was then frozen, while a plastic surgeon was rushed to the scene and tried to undo the damage.
He said: 'It seems I can no longer father children. I have gone through incredible stress and strain.'
The most common reason for payouts is when medics misdiagnose testicular torsion where the tubes inside the body get twisted cutting off the blood supply.
The condition has to be diagnosed quickly as the testicle can be dead within a few hours.
Other claims result from the consequences of hernia operations where the blood supply to the testicle is accidentally cut off in the surgery.
Joyce Robins, Co-Director of Patient Concern, said: 'It is beyond belief that medics could be so careless. No monetary amount could compensate for a life wrecked because a man can no longer father children.
'We would like to think that surgeons who make this such a crass error were barred from performing similar operations in the future - but we realise that is a vain hope.'
This aticle is courtesy from The Daily Mail.
Monday, 24 February 2014
Widow sues GP for £1.25 million after he 'misdiagnosed her husband's deadly cancer as PILES'
A grieving widow is suing a GP for £1.25million because she believes he misdiagnosed her husband's deadly cancer as piles.
Christopher Goodhead, died aged just 41 in January 2009, four years after the examination by Dr Asim Islam, who performed the exam on his first day in the job.
His devastated widow Melissa Cutting claims Dr Islam's allegedly inadequate examination caused a fatal 'delay in diagnosis' of her husband's condition until 2007.
Furious Mrs Cutting, who has been left to look after her four sons, who were aged between five and 11 at the time, heard the news of his rectal cancer in 2007 - just weeks after Mr Goodhead had completd the London Marathon.
The IT expert, originally from Burton-on-Trent, Staffordshire, had visited the doctor two years earlier at The Stanstead Surgery, in Essex, near his new home in Suffolk.
Lawyers for his widow told London's High Court Dr Islam, on his first day in the job, carried out nothing more than a 'simple visual examination' and failed to thoroughly investigate the problems.
Dr Islam denies any responsibility for the death, and his legal team insist Mr Goodhead 'would have died in any event' even with specialist treatment from 2005.
Robert Seabrook QC, representing Mrs Cutting, told the court Mr Goodhead had left the surgery believing he had nothing worse than piles.
He said: 'He left the surgery believing that his diagnosis was certain, non-serious, and that no further medical input was necessary.
'Had he been advised to return for review - or if symptoms continued - he would have done so.
'It is our case that, with competent assessment and treatment in April 2005, a diagnosis of cancer would have been made in May 2005.
'He would have been successfully treated and would have lived, or would at least have had an increased length of time to live.
'The defence case is that, even with earlier diagnosis and treatment, he would still have died on exactly the same day - or not significantly later.'
Mr Goodhead and his wife received the horrifying news that he was suffering from stage four cancer in June 2007.
Soon he began to undergo chemotherapy - but it was not enough to prevent the virulent cancer spreading through his body.
He died at home less than two years later in January 2009 but Mr Seabrook argued that given his 'gritty' character and "exceptional" fitness he would have stood a chance of beating the disease if given longer.
Claire Toogood, representing Dr Islam, told the court it would have been 'ludicrous' for her client to diagnose cancer from the symptoms he was presented with.
She said: 'It would hav ebeen ludicrous for a GP to have worried Mr Goodhead that he had cancer in circumstances where there were absolutely no pointers towards it.'
On a memorial site dedicated to her late husband Mrs Cutting described Christopher as 'an amazing man with a very big heart. He adored his family and was a wonderful husband and father.'
Compensation in the case has been agreed at £1,250,000 if the widow can prove he would have 'survived and lived' but for the alleged negligence.
Judge Dame Frances Patterson QC has reserved her judgement on the claim until a later date.
This article is courtesy from The Daily Mail.
Christopher Goodhead, died aged just 41 in January 2009, four years after the examination by Dr Asim Islam, who performed the exam on his first day in the job.
His devastated widow Melissa Cutting claims Dr Islam's allegedly inadequate examination caused a fatal 'delay in diagnosis' of her husband's condition until 2007.
Furious Mrs Cutting, who has been left to look after her four sons, who were aged between five and 11 at the time, heard the news of his rectal cancer in 2007 - just weeks after Mr Goodhead had completd the London Marathon.
The IT expert, originally from Burton-on-Trent, Staffordshire, had visited the doctor two years earlier at The Stanstead Surgery, in Essex, near his new home in Suffolk.
Lawyers for his widow told London's High Court Dr Islam, on his first day in the job, carried out nothing more than a 'simple visual examination' and failed to thoroughly investigate the problems.
Dr Islam denies any responsibility for the death, and his legal team insist Mr Goodhead 'would have died in any event' even with specialist treatment from 2005.
Robert Seabrook QC, representing Mrs Cutting, told the court Mr Goodhead had left the surgery believing he had nothing worse than piles.
He said: 'He left the surgery believing that his diagnosis was certain, non-serious, and that no further medical input was necessary.
'Had he been advised to return for review - or if symptoms continued - he would have done so.
'It is our case that, with competent assessment and treatment in April 2005, a diagnosis of cancer would have been made in May 2005.
'He would have been successfully treated and would have lived, or would at least have had an increased length of time to live.
'The defence case is that, even with earlier diagnosis and treatment, he would still have died on exactly the same day - or not significantly later.'
Mr Goodhead and his wife received the horrifying news that he was suffering from stage four cancer in June 2007.
Soon he began to undergo chemotherapy - but it was not enough to prevent the virulent cancer spreading through his body.
He died at home less than two years later in January 2009 but Mr Seabrook argued that given his 'gritty' character and "exceptional" fitness he would have stood a chance of beating the disease if given longer.
Claire Toogood, representing Dr Islam, told the court it would have been 'ludicrous' for her client to diagnose cancer from the symptoms he was presented with.
She said: 'It would hav ebeen ludicrous for a GP to have worried Mr Goodhead that he had cancer in circumstances where there were absolutely no pointers towards it.'
On a memorial site dedicated to her late husband Mrs Cutting described Christopher as 'an amazing man with a very big heart. He adored his family and was a wonderful husband and father.'
Compensation in the case has been agreed at £1,250,000 if the widow can prove he would have 'survived and lived' but for the alleged negligence.
Judge Dame Frances Patterson QC has reserved her judgement on the claim until a later date.
This article is courtesy from The Daily Mail.
Friday, 21 February 2014
Worst hospitals cost NHS £300m
Hospitals at the centre of patient care scandals have cost the NHS almost £300 million in damages over the past five years, according to official figures.
The hospitals, which have all been investigated over high death rates, are costing a central NHS insurance scheme up to twice as much as they pay in. The shortfall means that some of the best-performing hospitals in England now have to foot the bill for thousands of cases of neglect at the worst.
The NHS Litigation Authority, the body which oversees claims against the NHS, has issued scores of trusts with official warnings over the high value of their claims.
Last year, the NHS paid out more than £1.3 billion in compensation and legal fees for thousands of people harmed by poor care. The figure is likely to rise, with the number of claims expected to increase to around 12,000 by the end of the year.
According to official figures, nine of the 14 hospitals investigated over high death rates have cost the NHS significantly more than they have paid into the insurance scheme.
This article is courtesy from The Telegraph.
The hospitals, which have all been investigated over high death rates, are costing a central NHS insurance scheme up to twice as much as they pay in. The shortfall means that some of the best-performing hospitals in England now have to foot the bill for thousands of cases of neglect at the worst.
The NHS Litigation Authority, the body which oversees claims against the NHS, has issued scores of trusts with official warnings over the high value of their claims.
Last year, the NHS paid out more than £1.3 billion in compensation and legal fees for thousands of people harmed by poor care. The figure is likely to rise, with the number of claims expected to increase to around 12,000 by the end of the year.
According to official figures, nine of the 14 hospitals investigated over high death rates have cost the NHS significantly more than they have paid into the insurance scheme.
This article is courtesy from The Telegraph.
Wednesday, 19 February 2014
Bristol Children's Hospital inquiry: The ten children who died or were left seriously ill
Here are the faces of the ten children who have either died or were left seriously ill following after-care at Bristol Children's Hospital. It was announced on Friday that Sir Ian Kennedy was to return to the city for another investigation looking into the treatment of children who died at the crisis-hit hospital between 2010 and 2013.
Sir Ian led the inquiry into the heart scandal in the 1990s when up to 35 babies died while under the care of what is now University Hospitals Bristol NHS Foundation Trust.
The head of NHS England Sir Bruce Keogh has ordered the unprecedented intervention after a meeting with ten concerned parents after mounting complaints of patients not receiving the proper care.
Three inquests have already taken place with Avon coroner Maria Voisin concluding there were no gross failings in treatment by the hospital.
Jack Casey was left with possible brain damage following complications after surgery in 2010 when he was ten months old. His parents claim doctors failed to check to see if he was well enough for an operation. It was only found out after the procedure that he was suffering from an infection and should not have had surgery.
Maisie Waters was just one week old when she died in August 2011 after a nurse accidentally fed her a day's food in an hour.
Ms Voisin recorded a narrative verdict saying Maisie, of Ebbw Vale, died when she was erroneously over infused with total parenteral nutrition (TPN).
Sean Turner, aged four, of Wiltshire, died while he was recovering from palliative heart surgery at the hospital in March 2012. A narrative verdict was also concluded where Ms Voisin said there was no "gross failures to provide basic care" but there were lost opportunities to render medical care or treatment.
Less than a month later Luke Jenkins, aged seven, of Cardiff, died days after he was moved out of intensive care following a heart operation.
Weeks later Oscar Willcox, of Gloucester, who was nine weeks old, died following what his parents claimed was numerous failings in his after-care, according to the Gloucester Citizen.
Samuel Starr, aged three, died following delays of several months in an operation for complex heart defects. He died in September 2012.
Lacey-Marie Poton's mother, Emma Norley, of Kingswood, said Lacey was sent home on a number of occasions when she should have been kept in hospital.
Miss Norley, 20, said that when Lacey, aged three months, fell ill following a third procedure last July, she was told her daughter had a tummy bug. But within hours she suffered a cardiac arrest and later died.
Mia-Leigh Snelson died on July 19 last year – just ten days after a corrective heart operation – when she was two weeks old.
Isabella Janew, of Gloucester, underwent an operation in May last year, despite her parents' concern that her blood pressure was very high. Shortly afterwards she suffered two cardiac arrests and catastrophic haemorrhaging, according to the Gloucester Citizen.
And Harley Pascoe, of Cornwall, who was born with half a heart, was transferred to Bristol four days after his birth in September last year, to have a tube inserted into his heart to improve the blood flow. But surgery was delayed for a week, apparently because Harley was not deemed sick enough to qualify for one of the small number of intensive care beds. He died while waiting for the procedure.
Next week will see Rohan Rhodes' inquest begin. He died at one month old after what his parents claim was "deeply unsatisfactory" nursing care for his cardiac condition.
Laurence Vick, clinical negligence lawyer of Michelmores solicitors, which is acting for the majority of families, said: "What's disturbing at Bristol is that we're receiving cases involving children who died after the introduction of the changes in 2013."
James Roxburgh, the president of the Society of Cardiothoracic Surgery, said: "In terms of immediate safety, the work done by the National Institute for Cardiovascular Outcomes Research (NICOR) is world leading and we believe the public should have confidence in what it tells us – in this case, that the mortality rate is normal for the types of operations performed in Bristol."
Deborah Lee, acting chief executive at UH Bristol, said it was very positive that the families who have raised concerns will be at “the heart of shaping this review”.
She said: “It is critical to remind ourselves that this service is delivering good clinical outcomes and, importantly, a positive experience for families – in our most recent survey of parents 98 per cent said they had received excellent, very good or good care.
“It saddens me greatly that we have a group of families that believe we have let them down and we will continue to do our utmost to ensure that no other family experiences care in our services in the way that these families did.”
This article is courtesy from The Bristol Post.
Sir Ian led the inquiry into the heart scandal in the 1990s when up to 35 babies died while under the care of what is now University Hospitals Bristol NHS Foundation Trust.
The head of NHS England Sir Bruce Keogh has ordered the unprecedented intervention after a meeting with ten concerned parents after mounting complaints of patients not receiving the proper care.
Three inquests have already taken place with Avon coroner Maria Voisin concluding there were no gross failings in treatment by the hospital.
Jack Casey was left with possible brain damage following complications after surgery in 2010 when he was ten months old. His parents claim doctors failed to check to see if he was well enough for an operation. It was only found out after the procedure that he was suffering from an infection and should not have had surgery.
Maisie Waters was just one week old when she died in August 2011 after a nurse accidentally fed her a day's food in an hour.
Ms Voisin recorded a narrative verdict saying Maisie, of Ebbw Vale, died when she was erroneously over infused with total parenteral nutrition (TPN).
Sean Turner, aged four, of Wiltshire, died while he was recovering from palliative heart surgery at the hospital in March 2012. A narrative verdict was also concluded where Ms Voisin said there was no "gross failures to provide basic care" but there were lost opportunities to render medical care or treatment.
Less than a month later Luke Jenkins, aged seven, of Cardiff, died days after he was moved out of intensive care following a heart operation.
Weeks later Oscar Willcox, of Gloucester, who was nine weeks old, died following what his parents claimed was numerous failings in his after-care, according to the Gloucester Citizen.
Samuel Starr, aged three, died following delays of several months in an operation for complex heart defects. He died in September 2012.
Lacey-Marie Poton's mother, Emma Norley, of Kingswood, said Lacey was sent home on a number of occasions when she should have been kept in hospital.
Miss Norley, 20, said that when Lacey, aged three months, fell ill following a third procedure last July, she was told her daughter had a tummy bug. But within hours she suffered a cardiac arrest and later died.
Mia-Leigh Snelson died on July 19 last year – just ten days after a corrective heart operation – when she was two weeks old.
Isabella Janew, of Gloucester, underwent an operation in May last year, despite her parents' concern that her blood pressure was very high. Shortly afterwards she suffered two cardiac arrests and catastrophic haemorrhaging, according to the Gloucester Citizen.
And Harley Pascoe, of Cornwall, who was born with half a heart, was transferred to Bristol four days after his birth in September last year, to have a tube inserted into his heart to improve the blood flow. But surgery was delayed for a week, apparently because Harley was not deemed sick enough to qualify for one of the small number of intensive care beds. He died while waiting for the procedure.
Next week will see Rohan Rhodes' inquest begin. He died at one month old after what his parents claim was "deeply unsatisfactory" nursing care for his cardiac condition.
Laurence Vick, clinical negligence lawyer of Michelmores solicitors, which is acting for the majority of families, said: "What's disturbing at Bristol is that we're receiving cases involving children who died after the introduction of the changes in 2013."
James Roxburgh, the president of the Society of Cardiothoracic Surgery, said: "In terms of immediate safety, the work done by the National Institute for Cardiovascular Outcomes Research (NICOR) is world leading and we believe the public should have confidence in what it tells us – in this case, that the mortality rate is normal for the types of operations performed in Bristol."
Deborah Lee, acting chief executive at UH Bristol, said it was very positive that the families who have raised concerns will be at “the heart of shaping this review”.
She said: “It is critical to remind ourselves that this service is delivering good clinical outcomes and, importantly, a positive experience for families – in our most recent survey of parents 98 per cent said they had received excellent, very good or good care.
“It saddens me greatly that we have a group of families that believe we have let them down and we will continue to do our utmost to ensure that no other family experiences care in our services in the way that these families did.”
This article is courtesy from The Bristol Post.
Monday, 17 February 2014
Parents get compensation after death of four-year-old Matthew Kenway
A hospital trust has paid out a five-figure compensation sum in the wake of a four-year-old's death.
Matthew Kenway died at the Southampton General Hospital after going in there for a routine kidney operation.
Now it has been announced that the family of the youngster, of Bellfield, Fareham, who died in December 2010 on the hospital's High Dependency Unit, are to be paid a five-figure sum in compensation.
An inquest last year heard how Matthew had seemed to be recovering well from his operation but his heart stopped suddenly and he died.
Delivering a narrative verdict, Southampton coroner Keith Wiseman called for “lessons to be learned” after hearing about delays in medical staff spotting that Matthew's heart was failing.
He said: “There was clearly a delay in recognising that there had been cardiac arrest.
“Obviously the passage of any such time could have affected the likelihood of resuscitation being effective.”
Mr Wiseman highlighted an NHS report urging better checks for breathing, circulation and consciousness.
He added: “There was also to be training and reminders to nursing staff on the appropriate escalation process in an emergency situation arising - that is to say, the calling of the cardiac arrest emergency team before physically calling for help to someone nearby, however close.”
Southampton Coroner's Court was told how after surgery Matthew, who had a lifelong muscular condition called congenital fibre-type disproportion, was looked after on the paediatric high-dependency unit but in the early hours the oxygen monitor probe appeared not to be recording anything.
A nurse initially thought the machine might be faulty, but it turned out that Matthew's heart had stopped.
University Hospital Southampton NHS Foundation Trust said following Matthew's death it had now introduced heart monitoring for all infants and children who have had surgery.It emerged Matthew had not been hooked up to a heart monitor and that treatment may have been delayed because an unqualified nurse ran to bring a doctor, rather than raising a cardiac arrest alarm.
The inquest heard Matthew had a congenital condition that made his muscles weaker than usual so he relied on a home ventilator and had a tracheostomy to breathe.
His parents Anthony Kenway and Katie Oxley, represented by clinical negligence specialists from law firm Blake Lapthorn, took legal action against University Hospital Southampton NHS Foundation Trust over the circumstances of Matthew's death.
The Trust has now reached a settlement in which it has agreed to pay an undisclosed five-figure sum to them.
The family's solicitor Patricia Wakeford, of Blake Lapthorn, said: “Evidence heard at the inquest raised grave concerns about the quality of care that Matthew received and the processes that were in place at Southampton General Hospital at the time of Matthew's death.
“Despite their loss, Matthew's family have been determined to remember their son as the lively, happy, much-loved child that he was.
“They hope that important lessons are learned from the events that led to his death and that this will prevent other families suffering a similar tragedy in the future.”
Ms Oxley said: “Nothing can bring Matthew back but we were determined to highlight what went wrong in the hope that lessons could be learned and that no other family would have to suffer what we have been through.
“Knowing that changes have now been made in the high-dependency unit gives us some comfort.
“We will always feel Matthew's loss but we do now feel as if we can start to move on.”
Matthew Kenway died at the Southampton General Hospital after going in there for a routine kidney operation.
Now it has been announced that the family of the youngster, of Bellfield, Fareham, who died in December 2010 on the hospital's High Dependency Unit, are to be paid a five-figure sum in compensation.
An inquest last year heard how Matthew had seemed to be recovering well from his operation but his heart stopped suddenly and he died.
Delivering a narrative verdict, Southampton coroner Keith Wiseman called for “lessons to be learned” after hearing about delays in medical staff spotting that Matthew's heart was failing.
He said: “There was clearly a delay in recognising that there had been cardiac arrest.
“Obviously the passage of any such time could have affected the likelihood of resuscitation being effective.”
Mr Wiseman highlighted an NHS report urging better checks for breathing, circulation and consciousness.
He added: “There was also to be training and reminders to nursing staff on the appropriate escalation process in an emergency situation arising - that is to say, the calling of the cardiac arrest emergency team before physically calling for help to someone nearby, however close.”
Southampton Coroner's Court was told how after surgery Matthew, who had a lifelong muscular condition called congenital fibre-type disproportion, was looked after on the paediatric high-dependency unit but in the early hours the oxygen monitor probe appeared not to be recording anything.
A nurse initially thought the machine might be faulty, but it turned out that Matthew's heart had stopped.
University Hospital Southampton NHS Foundation Trust said following Matthew's death it had now introduced heart monitoring for all infants and children who have had surgery.It emerged Matthew had not been hooked up to a heart monitor and that treatment may have been delayed because an unqualified nurse ran to bring a doctor, rather than raising a cardiac arrest alarm.
The inquest heard Matthew had a congenital condition that made his muscles weaker than usual so he relied on a home ventilator and had a tracheostomy to breathe.
His parents Anthony Kenway and Katie Oxley, represented by clinical negligence specialists from law firm Blake Lapthorn, took legal action against University Hospital Southampton NHS Foundation Trust over the circumstances of Matthew's death.
The Trust has now reached a settlement in which it has agreed to pay an undisclosed five-figure sum to them.
The family's solicitor Patricia Wakeford, of Blake Lapthorn, said: “Evidence heard at the inquest raised grave concerns about the quality of care that Matthew received and the processes that were in place at Southampton General Hospital at the time of Matthew's death.
“Despite their loss, Matthew's family have been determined to remember their son as the lively, happy, much-loved child that he was.
“They hope that important lessons are learned from the events that led to his death and that this will prevent other families suffering a similar tragedy in the future.”
Ms Oxley said: “Nothing can bring Matthew back but we were determined to highlight what went wrong in the hope that lessons could be learned and that no other family would have to suffer what we have been through.
“Knowing that changes have now been made in the high-dependency unit gives us some comfort.
“We will always feel Matthew's loss but we do now feel as if we can start to move on.”
This article is courtesy from The Daily Echo.
Friday, 14 February 2014
Pensioner, 77, claims to have waited EIGHT years for a hernia operation on the NHS
An elderly man claims he has waited eight years to have a hernia operation on the NHS.
Frederick Bevan, from Swansea, was first referred for surgery in 2006 but the 77-year-old widower is still waiting for the operation to take place.
He said: ‘I know things are bad at A&Es, but eight years can’t be right.
‘My life is on hold. I can’t socialise, I can’t go out and have a little dance.’
Mr Bevan agrees that fate has also played a role in the long delay.
At one stage he decided to go private but it snowed and the operation was cancelled.
Then he experienced more bad luck.
‘I agreed to go to Princess of Wales Hospital in Bridgend in 2011 but ended up in intensive care following an allergic reaction to an antibiotic so I still had the hernia,’ he said.
‘Then in October last year I went into Morriston Hospital and they told me I was having the operation. I waited three hours and they sent me home. There were no beds.’
Mr Bevan, who says he has paid National Insurance all his working life, has even gone to his MP Geraint Davies about the situation.
If left untreated some hernias can cause a bowel obstruction or cut off the blood supply to the affected tissue - both are medical emergencies.
A spokesman for Abertawe Bro Morgannwg University Health Board said: ‘Mr Bevan was due to have undergone surgery at Morriston Hospital in October.
‘Unfortunately we sometimes have to postpone non-urgent, pre-planned operations due to emergency patients needing urgent, unplanned care.
‘Although Morriston Hospital continues to be extremely busy, we are in contact with Mr Bevan to arrange an alternative date as soon as possible.
‘We offer our sincere apologies for any inconvenience and upset caused.’
This article is courtesy from The Daily Mail.
Frederick Bevan, from Swansea, was first referred for surgery in 2006 but the 77-year-old widower is still waiting for the operation to take place.
He said: ‘I know things are bad at A&Es, but eight years can’t be right.
‘My life is on hold. I can’t socialise, I can’t go out and have a little dance.’
Mr Bevan agrees that fate has also played a role in the long delay.
At one stage he decided to go private but it snowed and the operation was cancelled.
Then he experienced more bad luck.
‘I agreed to go to Princess of Wales Hospital in Bridgend in 2011 but ended up in intensive care following an allergic reaction to an antibiotic so I still had the hernia,’ he said.
‘Then in October last year I went into Morriston Hospital and they told me I was having the operation. I waited three hours and they sent me home. There were no beds.’
Mr Bevan, who says he has paid National Insurance all his working life, has even gone to his MP Geraint Davies about the situation.
If left untreated some hernias can cause a bowel obstruction or cut off the blood supply to the affected tissue - both are medical emergencies.
A spokesman for Abertawe Bro Morgannwg University Health Board said: ‘Mr Bevan was due to have undergone surgery at Morriston Hospital in October.
‘Unfortunately we sometimes have to postpone non-urgent, pre-planned operations due to emergency patients needing urgent, unplanned care.
‘Although Morriston Hospital continues to be extremely busy, we are in contact with Mr Bevan to arrange an alternative date as soon as possible.
‘We offer our sincere apologies for any inconvenience and upset caused.’
This article is courtesy from The Daily Mail.
Wednesday, 12 February 2014
York NHS trust pays out £6m in negligence compensation
Compensation claims against York Hospital’s trust cost more than £6 million last year – an increase of nearly £3.5 million on the year before.
A total of £6,078,067 was paid out over clinical negligence damages and costs on behalf of York Teaching Hospital NHS Foundation Trust for 2012/13, compared to £2,648,660 in 2011/12.
There were 106 clinical negligence claims and incidents registered by the NHS Litigation Authority last year, compared to 41 the previous year.
The Trust said the rise could be attributed to its taking over of Scarborough Hospital, a general rise in litigation and a rush of claims before a change in legislation in April 2013, which changed the way in which “no win, no fee” cases are funded.
It means people who win their case now have to pay their own solicitors’ fees from the damages awarded.
Dr Alastair Turnbull, medical director for York Teaching Hospital NHS Foundation Trust, said: “The Trust treats all claims as an opportunity to learn and to improve further the safety and quality of care of our patients.
"When things go wrong as, regrettably, they do in all healthcare settings, our first responsibility is to those affected but also to ensure that we change our clinical practices as a result.”
Of the 106 claims last year, the trust could not confirm how many of these received payments as many claims had not been concluded yet.
Of the compensation paid in 2012/13, a total of £2,284,422 was spent on clinical negligence damages and costs relating to obstetrics – medical care relating to childbirth and midwifery, for which compensation claims can be very high relating to the need for lifelong care.
The Trust would not say whether any staff had gone through disciplinary procedures or had been dismissed in connection with the clinical negligence claims.There were a total of six matters relating to obstetrics.
A spokeswoman said: “Incidents leading to claims are investigated thoroughly by the Trust, and through the course of these investigations there is a process in place for identifying potential disciplinary issues. These are dealt with independently of the claims process.”
A total of £237,288 was paid in relation to non-clinical liabilities, including damages and costs.
Most payments did not come from the trust but from the NHS Litigation Authority, to which it pays a premium every year.
York Teaching Hospital NHS Foundation Trust operates nine hospital sites including York, Scarborough, Bridlington, Whitby, Malton andNorton, Selby and Easingwold.
This article is courtesy from the York Press.
A total of £6,078,067 was paid out over clinical negligence damages and costs on behalf of York Teaching Hospital NHS Foundation Trust for 2012/13, compared to £2,648,660 in 2011/12.
There were 106 clinical negligence claims and incidents registered by the NHS Litigation Authority last year, compared to 41 the previous year.
The Trust said the rise could be attributed to its taking over of Scarborough Hospital, a general rise in litigation and a rush of claims before a change in legislation in April 2013, which changed the way in which “no win, no fee” cases are funded.
It means people who win their case now have to pay their own solicitors’ fees from the damages awarded.
Dr Alastair Turnbull, medical director for York Teaching Hospital NHS Foundation Trust, said: “The Trust treats all claims as an opportunity to learn and to improve further the safety and quality of care of our patients.
"When things go wrong as, regrettably, they do in all healthcare settings, our first responsibility is to those affected but also to ensure that we change our clinical practices as a result.”
Of the 106 claims last year, the trust could not confirm how many of these received payments as many claims had not been concluded yet.
Of the compensation paid in 2012/13, a total of £2,284,422 was spent on clinical negligence damages and costs relating to obstetrics – medical care relating to childbirth and midwifery, for which compensation claims can be very high relating to the need for lifelong care.
The Trust would not say whether any staff had gone through disciplinary procedures or had been dismissed in connection with the clinical negligence claims.There were a total of six matters relating to obstetrics.
A spokeswoman said: “Incidents leading to claims are investigated thoroughly by the Trust, and through the course of these investigations there is a process in place for identifying potential disciplinary issues. These are dealt with independently of the claims process.”
A total of £237,288 was paid in relation to non-clinical liabilities, including damages and costs.
Most payments did not come from the trust but from the NHS Litigation Authority, to which it pays a premium every year.
York Teaching Hospital NHS Foundation Trust operates nine hospital sites including York, Scarborough, Bridlington, Whitby, Malton andNorton, Selby and Easingwold.
This article is courtesy from the York Press.
Monday, 10 February 2014
Basildon Hospital inundated with compensation claims from irate patients as solicitors Leigh Day launches 64 cases
Basildon Hospital is facing hundreds of thousands of pounds in compensation payouts after a legal firm lodged dozens of claims to the trust.
Specialist solicitors Leigh Day has made 64 claims to Basildon Hospital this year from as far back as 2003 as more new cases come to light following the fiasco at Staffordshire Hospitals.
It compares to a total of 57 negligence claims made against the hospital from all solicitors in 2012/13. Leigh Day said the total number of claims against the hospital that year could be even higher.
Claims include patients being left in soiled bedding, delays in treatment and pain relief, and delays in referrals.
In some cases patients allegedly died as a result of the hospital’s actions.
The majority of cases refer to patients aged 60 and over, but one involves a patient under 18.
Most have come to light from 2012, with Leigh Day dealing with three times as many claims during that year than any other.
Emma Jones, solicitor in Leigh Day’s human rights department, said: “We consider these issues to be human rights issues as well as negligent.
“The failure to ensure someone has enough to eat and drink, be given medication and being taken to the bathroom are human rights.”
Leigh Day is dealing with 225 cases from 39 hospitals and 37 hospital trusts across the country.
The number of claims relating to Basildon Hospital account for more than a quarter of all cases being dealt with, and nearly double any other trust. Barking Havering and Redbridge Trust, which has the second highest number of cases against it, faces 34 compensation claims.
Miss Jones added: “It’s difficult to pinpoint exactly why Basildon Hospital has so many more cases against it than other trusts. I think it suggests standards have been noticeably low for a longer period of time.”
Basildon Hospital and the NHS Litigation Authority refused to say the total number of active compensation claims against the hospital.
Relatives of patients who died at the hands of Basildon Hospital have estimated the trust may need to pay out up to £1million in compensation.
While solicitors and Basildon Hospital refused to put a figure on the 64 compensation claims made against the hospital, victims expect the hospital could be out of anything from £60,000 to £1million.
Christine Papalabropoulos, whose daughter Tina died in 2009 of pneumonia, has already been awarded £3,000 compensation from the Health Service Ombudsman – £2,000 from the hospital trust and £1,000 from South Essex Emergency Doctors’ Surgeries. But she is one of 64 who have launched a private compensation claim.
Christine, 57, of Harris Drive, Wickford, said: “It’s not about the money, but about the anger you feel towards the hospital. If you told me there were this many claimants five years ago I would be surprised but nothing surprises me now.
“We are human beings, not a slab of meat, but we are not being treated like human beings.”
Dan Chapple, who founded Cure the NHS after his mother Pam died of a brain haemorrhage, said: “It’s very hard to tell howmuch the hospital will have to pay. It could be anything from £60,000 to £1million. It depends on how many dependents the victim has, how much of their working life is left, and howmuch of a mess the hospital has made.
“I hope Leigh Day doesn’t try to settle out of court for silence, otherwise the problems won’t come to light, will be swept under the carpet, and changes won’t be made.”
Basildon Hospital had to pay out more than £5million in compensation claims last year.
NHS insurers paid a total of £5,081,234 in 2012/13 for claims against the hospital.
Hospital bosses said the figure is close to the national average.
It paid a total of £2.625million in damages, £1.997million in claimants’ legal costs and £457,894 to cover its own legal fees.
In total, 57 negligence claims were made against Basildon Hospital. This year 64 have been brought against the trust by Leigh Day alone.
Basildon Hospital has been praised for improving standards of care.
Keogh inspectors, who first visited the hospital in May last year, said the hospital was addressing levels of staffing and concerns about patient care after they inspected the site again in November.
Hospital bosses have agreed to round table discussions with Leigh Day about all their cases in a bid to save legal costs on both sides.
A spokesman for the hospital said: “The trust has received a list from Leigh Day solicitors and we are currently in contact with them regarding a number of these cases.
“We have not received any similar joint actions from other solicitors.
“We would encourage anybodywho is unhappywith their care, or the care provided to a relative, to contact our Patient Advice and Liaison Service so issues can be quickly addressed and we can learn from any mistakes.”
Specialist solicitors Leigh Day has made 64 claims to Basildon Hospital this year from as far back as 2003 as more new cases come to light following the fiasco at Staffordshire Hospitals.
It compares to a total of 57 negligence claims made against the hospital from all solicitors in 2012/13. Leigh Day said the total number of claims against the hospital that year could be even higher.
Claims include patients being left in soiled bedding, delays in treatment and pain relief, and delays in referrals.
In some cases patients allegedly died as a result of the hospital’s actions.
The majority of cases refer to patients aged 60 and over, but one involves a patient under 18.
Most have come to light from 2012, with Leigh Day dealing with three times as many claims during that year than any other.
Emma Jones, solicitor in Leigh Day’s human rights department, said: “We consider these issues to be human rights issues as well as negligent.
“The failure to ensure someone has enough to eat and drink, be given medication and being taken to the bathroom are human rights.”
Leigh Day is dealing with 225 cases from 39 hospitals and 37 hospital trusts across the country.
The number of claims relating to Basildon Hospital account for more than a quarter of all cases being dealt with, and nearly double any other trust. Barking Havering and Redbridge Trust, which has the second highest number of cases against it, faces 34 compensation claims.
Miss Jones added: “It’s difficult to pinpoint exactly why Basildon Hospital has so many more cases against it than other trusts. I think it suggests standards have been noticeably low for a longer period of time.”
Basildon Hospital and the NHS Litigation Authority refused to say the total number of active compensation claims against the hospital.
Relatives of patients who died at the hands of Basildon Hospital have estimated the trust may need to pay out up to £1million in compensation.
While solicitors and Basildon Hospital refused to put a figure on the 64 compensation claims made against the hospital, victims expect the hospital could be out of anything from £60,000 to £1million.
Christine Papalabropoulos, whose daughter Tina died in 2009 of pneumonia, has already been awarded £3,000 compensation from the Health Service Ombudsman – £2,000 from the hospital trust and £1,000 from South Essex Emergency Doctors’ Surgeries. But she is one of 64 who have launched a private compensation claim.
Christine, 57, of Harris Drive, Wickford, said: “It’s not about the money, but about the anger you feel towards the hospital. If you told me there were this many claimants five years ago I would be surprised but nothing surprises me now.
“We are human beings, not a slab of meat, but we are not being treated like human beings.”
Dan Chapple, who founded Cure the NHS after his mother Pam died of a brain haemorrhage, said: “It’s very hard to tell howmuch the hospital will have to pay. It could be anything from £60,000 to £1million. It depends on how many dependents the victim has, how much of their working life is left, and howmuch of a mess the hospital has made.
“I hope Leigh Day doesn’t try to settle out of court for silence, otherwise the problems won’t come to light, will be swept under the carpet, and changes won’t be made.”
Basildon Hospital had to pay out more than £5million in compensation claims last year.
NHS insurers paid a total of £5,081,234 in 2012/13 for claims against the hospital.
Hospital bosses said the figure is close to the national average.
It paid a total of £2.625million in damages, £1.997million in claimants’ legal costs and £457,894 to cover its own legal fees.
In total, 57 negligence claims were made against Basildon Hospital. This year 64 have been brought against the trust by Leigh Day alone.
Basildon Hospital has been praised for improving standards of care.
Keogh inspectors, who first visited the hospital in May last year, said the hospital was addressing levels of staffing and concerns about patient care after they inspected the site again in November.
Hospital bosses have agreed to round table discussions with Leigh Day about all their cases in a bid to save legal costs on both sides.
A spokesman for the hospital said: “The trust has received a list from Leigh Day solicitors and we are currently in contact with them regarding a number of these cases.
“We have not received any similar joint actions from other solicitors.
“We would encourage anybodywho is unhappywith their care, or the care provided to a relative, to contact our Patient Advice and Liaison Service so issues can be quickly addressed and we can learn from any mistakes.”
This article is courtesy from the Echo.
Friday, 7 February 2014
Huge cost of hospital blunders as trust pays out £24.4m last year
Oxforshire paid more for mistakes and blunders than any other hospital authority last year, as cases rocketed 1,000 per cent in under a decade.
Oxford University Hospitals NHS Trust paid out £24.4m in 2012/13, up from £2.3m in 2003/04, when figures were first published.
It means £113.7m has been paid out over the 10 years.
New trust claims rose from 15 in 2003/04 to 84 last year, though the latest claims are unlikely to yet be among the payouts and not all will get cash.
Major sums are often to cover lifelong care costs for children who suffer brain damage as a result of mistakes during birth.
The trust pays premiums to the NHS Litigation Authority which then pays settlements.
Trust premiums have more than doubled to £15.4m.
The trust was unable to say how many cases the payouts cover but said it is one of England’s biggest trusts and offers complex specialist care.
Last month, brain-damaged Louisa Ravouvou, 10, got £10m partly because John Radcliffe medics failed to spot bleeding on the brain before her birth.
In September, Sophie Collins, 22, got an undisclosed sum because doctors did not realise her bowel had ruptured after a car crash aged 11.
The East Oxford resident – who needs four support workers – was left brain damaged because her brain was starved of oxygen.
Oxford East Labour MP Andrew Smith said: “The staggering rise in medical negligence claims is a national phenomenon, driven in part by a more litigious culture and no-win, no-fee legal support.”
Yet he warned: “Whilst it is right that the victims of negligence have proper compensation, we have to be careful that this rising tide of claims doesn’t cross the line into penalising clinicians who are undertaking the more complex procedures with some inherent risk of going wrong.”
City solicitor Susan Jarvis, who heads Blake Lapthorn’s clinical negligence team, said about a third of her cases are for parents worried about care costs when they can no longer look after their child as an adult.
“Parents realise they are not going to be able to look after their offspring,” she said. “Looking after a baby is very different from looking after an adult.”
Dushka Kirtland is taking action with husband David against the trust to support brain-damaged son Paul, 30. They believe the damage resulted from an infection he caught at the John Radcliffe at his birth in May 1983.
The trust denies negligence.
Mrs Kirtland told the Oxford Mail: “We worry about what will happen for him when we will no longer be able to look after him.
“It did cross our minds before. We were so busy looking after him. It is only the fact that we have lost our parents and you suddenly realise we are next to shuttle off.”
Richard Money-Kyrle, a partner at Darbys solicitors, said of the rise: “Life expectancy is better for severely disabled children and the cost of care for severely disabled children is much more expensive.”
For example, stricter regulations mean more carers are now required to lift people, he said, while rising demand on hospitals increases risk.
No-win, no-fee deals were allowed from 2000 but solicitors can no longer get “success fees” from the NHS.
Mr Money-Kyrle said the “jury is out” on the impact of this. “It means that probably less low value, modest injury cases will be brought.”
Trust medical director Professor Edward Baker said the trust is one of biggest in the country and is a specialist centre for complex care.
He said: “Providing excellent, safe care for our patients is our top priority and, for the overwhelming majority of the one million patients we see every year at our four hospitals, we achieve this.”
Payouts had risen across England, he said, adding: “This is not a reflection of the quality or safety of our services.”
This article is courtesy from Bichester Advertiser.
Oxford University Hospitals NHS Trust paid out £24.4m in 2012/13, up from £2.3m in 2003/04, when figures were first published.
It means £113.7m has been paid out over the 10 years.
New trust claims rose from 15 in 2003/04 to 84 last year, though the latest claims are unlikely to yet be among the payouts and not all will get cash.
Major sums are often to cover lifelong care costs for children who suffer brain damage as a result of mistakes during birth.
The trust pays premiums to the NHS Litigation Authority which then pays settlements.
Trust premiums have more than doubled to £15.4m.
The trust was unable to say how many cases the payouts cover but said it is one of England’s biggest trusts and offers complex specialist care.
Last month, brain-damaged Louisa Ravouvou, 10, got £10m partly because John Radcliffe medics failed to spot bleeding on the brain before her birth.
In September, Sophie Collins, 22, got an undisclosed sum because doctors did not realise her bowel had ruptured after a car crash aged 11.
The East Oxford resident – who needs four support workers – was left brain damaged because her brain was starved of oxygen.
Oxford East Labour MP Andrew Smith said: “The staggering rise in medical negligence claims is a national phenomenon, driven in part by a more litigious culture and no-win, no-fee legal support.”
Yet he warned: “Whilst it is right that the victims of negligence have proper compensation, we have to be careful that this rising tide of claims doesn’t cross the line into penalising clinicians who are undertaking the more complex procedures with some inherent risk of going wrong.”
City solicitor Susan Jarvis, who heads Blake Lapthorn’s clinical negligence team, said about a third of her cases are for parents worried about care costs when they can no longer look after their child as an adult.
“Parents realise they are not going to be able to look after their offspring,” she said. “Looking after a baby is very different from looking after an adult.”
Dushka Kirtland is taking action with husband David against the trust to support brain-damaged son Paul, 30. They believe the damage resulted from an infection he caught at the John Radcliffe at his birth in May 1983.
The trust denies negligence.
Mrs Kirtland told the Oxford Mail: “We worry about what will happen for him when we will no longer be able to look after him.
“It did cross our minds before. We were so busy looking after him. It is only the fact that we have lost our parents and you suddenly realise we are next to shuttle off.”
Richard Money-Kyrle, a partner at Darbys solicitors, said of the rise: “Life expectancy is better for severely disabled children and the cost of care for severely disabled children is much more expensive.”
For example, stricter regulations mean more carers are now required to lift people, he said, while rising demand on hospitals increases risk.
No-win, no-fee deals were allowed from 2000 but solicitors can no longer get “success fees” from the NHS.
Mr Money-Kyrle said the “jury is out” on the impact of this. “It means that probably less low value, modest injury cases will be brought.”
Trust medical director Professor Edward Baker said the trust is one of biggest in the country and is a specialist centre for complex care.
He said: “Providing excellent, safe care for our patients is our top priority and, for the overwhelming majority of the one million patients we see every year at our four hospitals, we achieve this.”
Payouts had risen across England, he said, adding: “This is not a reflection of the quality or safety of our services.”
This article is courtesy from Bichester Advertiser.
Wednesday, 5 February 2014
NHS faces £24m bill after glue injected into girl's brain at Great Ormond Street
A simple mix-up in an operating theatre that left a "happy, active" 10-year-old girl with catastrophic brain damage has led to the NHS facing a £24m payout – the largest in a case of medical negligence.
Maisha Najeeb was keen on dancing and hoped to become a doctor when glue was accidentally injected into her brain during surgery at Great Ormond Street children's hospital in London in June 2010.
The accident occurred when a syringe containing glue was mistaken for one containing dye. Maisha, who is now 13, suffered what her lawyers describe as "catastrophic and permanent brain damage". She is in a wheelchair, can barely move, is blind in one eye, needs round the clock care and suffers from painful spasms in her legs.
In a settlement agreed at the high court in London, she will receive an initial £2.8m plus annual payments of £383,000 until she is 19. That will then rise to £423,000 a year until she dies.
If she lives until she is 64, as an expert hired by her family said they expected, then the NHS would have to eventually pay total damages of almost £24.2m.
"We are sad and devastated by what happened to our daughter. Her life is ruined. All her dreams have been broken," said Maisha's father, Sadir Hussain. He said he hoped that the family's legal action meant that "lessons will have been learned to avoid this happening to other families".
The hospital, which admitted liability, offered "unreserved apologies for the shortcomings in her care, the consequences of which have been tragic and devastating for Maisha and her family." It could not say if any member of staff had been disciplined over the incident. After an internal inquiry, the hospital has established an action plan of improvements, including the introduction of full colour-coding for all fluids and medications used in radiology procedures and, crucially, a new system of labelling syringes. Maisha's family had "engaged open-heartedly" with them and helped with that overhaul, said a hospital spokesperson.
The NHS Litigation Authority, which insures hospitals against lawsuits for medical negligence and acts on their behalf, will pay the agreed damages rather than Great Ormond Street itself.
Edwina Rawson, the family's solicitor at Field Fisher Waterhouse, said: "What is so heartbreaking about this case is that the injury was so avoidable.If the syringes had been marked up so the hospital could see which contained glue and which contained dye, then Maisha would not have suffered what is an utterly devastating brain injury. Such easily avoidable mistakes should not happen."
Before the blunder Maisha was a healthy 10-year-old, though she suffered from a rare condition called arterio-venous malformation (AVM), in which arteries and veins become tangled, which can lead to bleeding. Each time she suffered a bleed she went into Great Ormond Street for embolisation, in which glue is used to seal off the blood vessels that are bleeding and dye to highlight the blood flow.
The two sides could not agree on what impact the brain damage and AVM would have on Maisha's life expectancy. Her family said she could live until she was 64, but the hospital estimated that she could die of a bleed on her brain by 23.
Deborah Evans, chief executive of the Association of Personal Injury Laweyers, said the money would pay for the 24/7 care that Maisha will need forever. "While this is possibly the largest agreed payment we have seen, the amount is dependent on life expectancy and will never replace the life she would have led," Evans said.
This article is courtesy from The Guardian.
Tuesday, 4 February 2014
Basildon Hospital inundated with compensation claims from irate patients as solicitors Leigh Day launches 64 cases
Basildon Hospital is facing hundreds of thousands of pounds in compensation payouts after a legal firm lodged dozens of claims to the trust.
Specialist solicitors Leigh Day has made 64 claims to Basildon Hospital this year from as far back as 2003 as more new cases come to light following the fiasco at Staffordshire Hospitals.
It compares to a total of 57 negligence claims made against the hospital from all solicitors in 2012/13. Leigh Day said the total number of claims against the hospital that year could be even higher.
Claims include patients being left in soiled bedding, delays in treatment and pain relief, and delays in referrals.
In some cases patients allegedly died as a result of the hospital’s actions.
The majority of cases refer to patients aged 60 and over, but one involves a patient under 18.
Most have come to light from 2012, with Leigh Day dealing with three times as many claims during that year than any other.
Emma Jones, solicitor in Leigh Day’s human rights department, said: “We consider these issues to be human rights issues as well as negligent.
“The failure to ensure someone has enough to eat and drink, be given medication and being taken to the bathroom are human rights.”
Leigh Day is dealing with 225 cases from 39 hospitals and 37 hospital trusts across the country.
The number of claims relating to Basildon Hospital account for more than a quarter of all cases being dealt with, and nearly double any other trust. Barking Havering and Redbridge Trust, which has the second highest number of cases against it, faces 34 compensation claims.
Miss Jones added: “It’s difficult to pinpoint exactly why Basildon Hospital has so many more cases against it than other trusts. I think it suggests standards have been noticeably low for a longer period of time.”
Basildon Hospital and the NHS Litigation Authority refused to say the total number of active compensation claims against the hospital.
Relatives of patients who died at the hands of Basildon Hospital have estimated the trust may need to pay out up to £1million in compensation.
While solicitors and Basildon Hospital refused to put a figure on the 64 compensation claims made against the hospital, victims expect the hospital could be out of anything from £60,000 to £1million.
Christine Papalabropoulos, whose daughter Tina died in 2009 of pneumonia, has already been awarded £3,000 compensation from the Health Service Ombudsman – £2,000 from the hospital trust and £1,000 from South Essex Emergency Doctors’ Surgeries. But she is one of 64 who have launched a private compensation claim.
Christine, 57, of Harris Drive, Wickford, said: “It’s not about the money, but about the anger you feel towards the hospital. If you told me there were this many claimants five years ago I would be surprised but nothing surprises me now.
“We are human beings, not a slab of meat, but we are not being treated like human beings.”
Dan Chapple, who founded Cure the NHS after his mother Pam died of a brain haemorrhage, said: “It’s very hard to tell howmuch the hospital will have to pay. It could be anything from £60,000 to £1million. It depends on how many dependents the victim has, how much of their working life is left, and howmuch of a mess the hospital has made.
“I hope Leigh Day doesn’t try to settle out of court for silence, otherwise the problems won’t come to light, will be swept under the carpet, and changes won’t be made.”
Baslidon Hospital had to pay out more than £5million in compensation claims last year.
NHS insurers paid a total of £5,081,234 in 2012/13 for claims against the hospital.
Hospital bosses said the figure is close to the national average.
It paid a total of £2.625million in damages, £1.997million in claimants’ legal costs and £457,894 to cover its own legal fees.
In total, 57 negligence claims were made against Basildon Hospital. This year 64 have been brought against the trust by Leigh Day alone.
Baslidon Hospital has been praised for improving standards of care.
Keogh inspectors, who first visited the hospital in May last year, said the hospital was addressing levels of staffing and concerns about patient care after they inspected the site again in November.
Hospital bosses have agreed to round table discussions with Leigh Day about all their cases in a bid to save legal costs on both sides.
A spokesman for the hospital said: “The trust has received a list from Leigh Day solicitors and we are currently in contact with them regarding a number of these cases.
“We have not received any similar joint actions from other solicitors.
“We would encourage anybodywho is unhappywith their care, or the care provided to a relative, to contact our Patient Advice and Liaison Service so issues can be quickly addressed and we can learn from any mistakes.”
Specialist solicitors Leigh Day has made 64 claims to Basildon Hospital this year from as far back as 2003 as more new cases come to light following the fiasco at Staffordshire Hospitals.
It compares to a total of 57 negligence claims made against the hospital from all solicitors in 2012/13. Leigh Day said the total number of claims against the hospital that year could be even higher.
Claims include patients being left in soiled bedding, delays in treatment and pain relief, and delays in referrals.
In some cases patients allegedly died as a result of the hospital’s actions.
The majority of cases refer to patients aged 60 and over, but one involves a patient under 18.
Most have come to light from 2012, with Leigh Day dealing with three times as many claims during that year than any other.
Emma Jones, solicitor in Leigh Day’s human rights department, said: “We consider these issues to be human rights issues as well as negligent.
“The failure to ensure someone has enough to eat and drink, be given medication and being taken to the bathroom are human rights.”
Leigh Day is dealing with 225 cases from 39 hospitals and 37 hospital trusts across the country.
The number of claims relating to Basildon Hospital account for more than a quarter of all cases being dealt with, and nearly double any other trust. Barking Havering and Redbridge Trust, which has the second highest number of cases against it, faces 34 compensation claims.
Miss Jones added: “It’s difficult to pinpoint exactly why Basildon Hospital has so many more cases against it than other trusts. I think it suggests standards have been noticeably low for a longer period of time.”
Basildon Hospital and the NHS Litigation Authority refused to say the total number of active compensation claims against the hospital.
Relatives of patients who died at the hands of Basildon Hospital have estimated the trust may need to pay out up to £1million in compensation.
While solicitors and Basildon Hospital refused to put a figure on the 64 compensation claims made against the hospital, victims expect the hospital could be out of anything from £60,000 to £1million.
Christine Papalabropoulos, whose daughter Tina died in 2009 of pneumonia, has already been awarded £3,000 compensation from the Health Service Ombudsman – £2,000 from the hospital trust and £1,000 from South Essex Emergency Doctors’ Surgeries. But she is one of 64 who have launched a private compensation claim.
Christine, 57, of Harris Drive, Wickford, said: “It’s not about the money, but about the anger you feel towards the hospital. If you told me there were this many claimants five years ago I would be surprised but nothing surprises me now.
“We are human beings, not a slab of meat, but we are not being treated like human beings.”
Dan Chapple, who founded Cure the NHS after his mother Pam died of a brain haemorrhage, said: “It’s very hard to tell howmuch the hospital will have to pay. It could be anything from £60,000 to £1million. It depends on how many dependents the victim has, how much of their working life is left, and howmuch of a mess the hospital has made.
“I hope Leigh Day doesn’t try to settle out of court for silence, otherwise the problems won’t come to light, will be swept under the carpet, and changes won’t be made.”
Baslidon Hospital had to pay out more than £5million in compensation claims last year.
NHS insurers paid a total of £5,081,234 in 2012/13 for claims against the hospital.
Hospital bosses said the figure is close to the national average.
It paid a total of £2.625million in damages, £1.997million in claimants’ legal costs and £457,894 to cover its own legal fees.
In total, 57 negligence claims were made against Basildon Hospital. This year 64 have been brought against the trust by Leigh Day alone.
Baslidon Hospital has been praised for improving standards of care.
Keogh inspectors, who first visited the hospital in May last year, said the hospital was addressing levels of staffing and concerns about patient care after they inspected the site again in November.
Hospital bosses have agreed to round table discussions with Leigh Day about all their cases in a bid to save legal costs on both sides.
A spokesman for the hospital said: “The trust has received a list from Leigh Day solicitors and we are currently in contact with them regarding a number of these cases.
“We have not received any similar joint actions from other solicitors.
“We would encourage anybodywho is unhappywith their care, or the care provided to a relative, to contact our Patient Advice and Liaison Service so issues can be quickly addressed and we can learn from any mistakes.”
This article is courtesy from the Echo.
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