A mother and daughter are suing a health board for a minimum of £300,000 claiming medical negligence caused her baby’s chronic brain damage and her own lasting psychological trauma.
Her mother initially believed her daughter was born dead and was so traumatised by the manner of the birth she claims she suffered psychiatric injury and later gave up her daughter for adoption.
It’s alleged the baby was born with cerebral palsy due to a negligent birth delivery and there was a failure to properly monitor her mother during labour, in a claim lodged with the High Court of Justice.
Now aged seven, the little girl’s condition is so extreme she has been left a prisoner in her own body, unable to walk or talk or ever lead an independent life of her own, it says.
It means the mother and daughter’s unique legal action includes the girl’s guardian who is acting as an official litigation friend.
All three, from Caerphilly, claim negligence by nursing staff at Aneurin Bevan Local Health Board caused “fetal hypoxia,” meaning the unborn child was deprived of an adequate supply of oxygen.
The girl was born in 2006 with her umbilical cord wrapped tightly around her neck on delivery.
Documentation for the claim describes her as being “blue in colour and apparently lifeless” when placed on her mother’s chest, moments after being born.
Despite rapid action taken to resuscitate her, “spontaneous breathing” was not achieved until 35 minutes after her birth.
Records written by a medic after her birth state: “Did not cry at birth. Airways opening manoeuvres and suction done and IPPV (or manual chest massage) by midwife.”
Lawyers acting for the family claim her brain damage was “entirely due” to oxygen deprivation at Caerphilly Birthing Centre.
They allege a series of medical shortcomings by nursing professionals including failure to properly monitor the baby’s heart and other vital signs or record the mother’s raised temperature.
They also allege a midwife was absent from the birthing room for up to 20 minutes at a time during the late stages of labour and there was a failure to call in expert assistance early enough.
The family claim that there was a failure to “arrange immediate or prompt transfer to the main obstetric unit at the Royal Gwent Hospital” in Newport following the birth.
Lawyers claim that the outcome is that the baby was left suffering “spastic quadriplegic cerebral palsy with very little volitional movement”.
It adds: “She displays severe epilepsy, severe cortical visual impairment, double incontinence and major learning difficulties.
“She will never be able to walk, talk or lead an independent existence. Her disability is at the most extreme end of that which can be seen in childhood cerebral palsy.”
The case against the health board also alleges that there was a breach of duty in the care that the mother received, that also amounts to negligence.
The mother was so shocked by the manner of the birth and the subsequent health of her daughter she developed severe post traumatic stress disorder (PTSD), it states.
The documents add that she “struggled to cope with looking after a severely disabled baby for six or seven months when she took the difficult decision to give her up for adoption.” It concludes that the family are claiming “damages exceeding £300,000” as well as lost interest and legal costs.
A spokesman for the Aneurin Bevan Local Health Board said: “As this is a legal case under investigation it would not be appropriate to comment.”
This article is courtesy from Wales Online.
Regularly updated blog featuring news, articles and information relating to clinical/medical negligence.
Friday, 30 May 2014
Wednesday, 28 May 2014
Football-sized tumour missed by NHS contractor used by Whipps Cross University Hospital
A former taxi driver has spoken of the moment he saw a football-sized tumour on a scan which had been missed by doctors.
Philip Sinitsky, of Beehive Lane in Ilford, was referred to Whipps Cross University Hospital in 2006 after suffering discomfort in his calves and pain in his back.
The Orthopaedic consultant at the Leytonstone hospital send him for an MRI scan to examine his spine.
In May, the scan took place under the MRI 'Fast Track' NHS contract and was conducted by private provider Alliance Medical Limited.
Images of the scan were then passed on to ‘Expert Eye Limited’ in Edinburgh to be reported on by Consultant Radiologists.
Mr Sinitsky, now 68, was relieved when the Expert Eye radiologist found no abnormalities.
However, the back and neck pain continued, despite a course of physiotherapy.
In May 2007 he was re-referred to another orthopaedic specialist at Whipps Cross Hospital and an MRI scan followed at King George Hospital in December of that year.
Just after Christmas Mr Sinitsky was asked to go in for an urgent appointment.
Then, he was told that the scan showed a 20cm long tumour in his left kidney.
Already, the disease had spread and lesions were also found on his lungs.
Mr Sinitsky said: “When I first saw it I was shocked, just gob-smacked.
“I could see it for myself.”
The pensioner then had to undergo a life-changing operation to remove his kidney, lymph nodes and adrenal glands in March 2008.
He made a formal complaint to Whipps Cross Hospital NHS Trust, which raised concerns with Alliance Medical.
The x-ray had been examined by two consultant radiologists at the private company, who both failed to identify the growth.
Suzanne Trask, specialist medical negligence solicitor at Bolt Burdon Kemp, helped Mr Sinitsky to get a five figure sum in compensation for the delay in diagnosis.
She said: “I was keen to help Philip, particularly given the devastating blow that he suffered when seeing the 2006 scan for himself.
“It is unfortunate that in such a clear case of negligence, it took until June 2011 for the NHS to admit liability. I hope that bringing this to light will lead to an open and meaningful review of how this happened and what can be done to prevent this in future.”
Mr Sinitsky says that he would advise people to seek a second opinion.
He said: “I would strongly urge other patients who have had scans to request that they are reviewed by a second radiologist where there is any concern at all.
“A letter was written to my GP that said there was nothing remarkable on the scan. I thought I had no need to worry.
“It’s really quite unbelievable.
“I don’t blame the NHS it’s the private companies who missed it If only they’d have just said sorry.
"I would not have taken it further. Unfortunately the letter of response to my complaint was far from satisfactory. It was insulting”.
In November 2013 Mr Sinitsky saw a rheumatologist at King George Hospital, when another MRI scan of his full spine was taken.
Medical provider 4 Ways Healthcare checked the scan and made no comment on his lungs.
After requesting that the MRI scan be double checked by a radiologist within the hospital, he then received phone call saying that lesions were found.
Mr Sinitsky says that he has “very little faith” in private medical providers.
He is currently having regular reviews and as the lung lesions are growing, he is likely to require chemotherapy in the future.
Philip Sinitsky, of Beehive Lane in Ilford, was referred to Whipps Cross University Hospital in 2006 after suffering discomfort in his calves and pain in his back.
The Orthopaedic consultant at the Leytonstone hospital send him for an MRI scan to examine his spine.
In May, the scan took place under the MRI 'Fast Track' NHS contract and was conducted by private provider Alliance Medical Limited.
Images of the scan were then passed on to ‘Expert Eye Limited’ in Edinburgh to be reported on by Consultant Radiologists.
Mr Sinitsky, now 68, was relieved when the Expert Eye radiologist found no abnormalities.
However, the back and neck pain continued, despite a course of physiotherapy.
In May 2007 he was re-referred to another orthopaedic specialist at Whipps Cross Hospital and an MRI scan followed at King George Hospital in December of that year.
Just after Christmas Mr Sinitsky was asked to go in for an urgent appointment.
Then, he was told that the scan showed a 20cm long tumour in his left kidney.
Already, the disease had spread and lesions were also found on his lungs.
Mr Sinitsky said: “When I first saw it I was shocked, just gob-smacked.
“I could see it for myself.”
The pensioner then had to undergo a life-changing operation to remove his kidney, lymph nodes and adrenal glands in March 2008.
He made a formal complaint to Whipps Cross Hospital NHS Trust, which raised concerns with Alliance Medical.
The x-ray had been examined by two consultant radiologists at the private company, who both failed to identify the growth.
Suzanne Trask, specialist medical negligence solicitor at Bolt Burdon Kemp, helped Mr Sinitsky to get a five figure sum in compensation for the delay in diagnosis.
She said: “I was keen to help Philip, particularly given the devastating blow that he suffered when seeing the 2006 scan for himself.
“It is unfortunate that in such a clear case of negligence, it took until June 2011 for the NHS to admit liability. I hope that bringing this to light will lead to an open and meaningful review of how this happened and what can be done to prevent this in future.”
Mr Sinitsky says that he would advise people to seek a second opinion.
He said: “I would strongly urge other patients who have had scans to request that they are reviewed by a second radiologist where there is any concern at all.
“A letter was written to my GP that said there was nothing remarkable on the scan. I thought I had no need to worry.
“It’s really quite unbelievable.
“I don’t blame the NHS it’s the private companies who missed it If only they’d have just said sorry.
"I would not have taken it further. Unfortunately the letter of response to my complaint was far from satisfactory. It was insulting”.
In November 2013 Mr Sinitsky saw a rheumatologist at King George Hospital, when another MRI scan of his full spine was taken.
Medical provider 4 Ways Healthcare checked the scan and made no comment on his lungs.
After requesting that the MRI scan be double checked by a radiologist within the hospital, he then received phone call saying that lesions were found.
Mr Sinitsky says that he has “very little faith” in private medical providers.
He is currently having regular reviews and as the lung lesions are growing, he is likely to require chemotherapy in the future.
This article is courtesy from The Guardian Series.
Monday, 26 May 2014
Your ‘dead’ wife? She’s still alive… NHS admits patient survived three more days
A husband who agreed to have his wife’s life-support machine switched off discovered she was still alive when he phoned the hospital three days later to arrange her funeral.
Malcolm Greenhill called the mortuary to arrange the release of the body, only to be told no-one could find it.
It then emerged his wife, Marilyn, had not died as expected and was still on a ward breathing unaided.
Her family hurried back to the hospital but she died the next evening.
Mr Greenhill, 62, told an inquest it was like watching his wife ‘die twice’. He added: ‘If I knew she would stay alive for four days I would never have left her side.’
His wife, 65, was admitted to Sandwell Hospital with bleeding on the brain on Saturday, May 3, after falling downstairs at home. But doctors said there was no hope of survival and advised that her life-support machine be switched off that same evening. He said his farewells and went home to West Bromwich so he could tell the rest of the family.
Mr Greenhill, who was married to his wife for 41 years, added: ‘I was told it was only the machine keeping her breathing and there was no point prolonging the inevitable. They told us there was nothing more they could do and she would only live for a couple of minutes once I turned the machine off so I said my goodbyes.’
He called the mortuary after the bank holiday weekend to find his wife was alive. She died on May 7.
Assistant Black Country coroner Angus Smillie called it a ‘fairly extraordinary turn of events’ and adjourned the inquest so the hospital could respond. The hospital trust told Metro it had launched an investigation.
This article is courtesy from the Metro.
Malcolm Greenhill called the mortuary to arrange the release of the body, only to be told no-one could find it.
It then emerged his wife, Marilyn, had not died as expected and was still on a ward breathing unaided.
Her family hurried back to the hospital but she died the next evening.
Mr Greenhill, 62, told an inquest it was like watching his wife ‘die twice’. He added: ‘If I knew she would stay alive for four days I would never have left her side.’
His wife, 65, was admitted to Sandwell Hospital with bleeding on the brain on Saturday, May 3, after falling downstairs at home. But doctors said there was no hope of survival and advised that her life-support machine be switched off that same evening. He said his farewells and went home to West Bromwich so he could tell the rest of the family.
Mr Greenhill, who was married to his wife for 41 years, added: ‘I was told it was only the machine keeping her breathing and there was no point prolonging the inevitable. They told us there was nothing more they could do and she would only live for a couple of minutes once I turned the machine off so I said my goodbyes.’
He called the mortuary after the bank holiday weekend to find his wife was alive. She died on May 7.
Assistant Black Country coroner Angus Smillie called it a ‘fairly extraordinary turn of events’ and adjourned the inquest so the hospital could respond. The hospital trust told Metro it had launched an investigation.
This article is courtesy from the Metro.
Friday, 23 May 2014
Meningitis victim Lee in 32-year battle for justice
A devastated mum and dad have told of their 32-year battle for justice for their son who TWICE suffered medical negligence at Midland hospitals.
Lee Hawthorne, aged 42, has been awarded £2.2 million after suffering brain damage as a result of medical negligence.
His parents, Ann and Allan, turned amateur detectives to amass information to prove Lee, who was born healthy, was left blind and brain damaged after contracting meningitis as a new-born baby at Birmingham Maternity Hospital in 1972.
Lee suffered further brain damage aged eight after medics delayed treating him at Birmingham Children’s Hospital.
Ann and Allan’s battle began when a nurse casually mentioned to them in 1980 there had been a meningitis outbreak at the Maternity Hospital when Lee was born.
Ann said: “It has been a long and tiring journey, but we know Lee will be looked after for the rest of his life.
“Nothing will every re-pay him – or us – for what has happened.”
Ann and Allan were filled with pride when Ann gave birth to her perfectly healthy son Lee at the maternity hospital in 1972.
But nine days later their beautiful new-born baby became seriously ill.
The couple feared the worst and were devastated to learn that little Lee had contracted the deadly bug meningitis.
Their only son was left blind and brain damaged by the disease.
The couple reconciled themselves to a life of selfless care to their only son, as well as bringing up their three daughters.
They assumed that Lee’s illness, and its savage consequences, were a terrible twist of fate.
But eight years later Ann and Allan were stunned to learn that Lee had caught meningitis during an outbreak at the Maternity Hospital which was kept secret from expectant mums and new parents.
The truth came out – totally by chance – when Lee was under the care of Birmingham Children’s Hospital.
To Ann and Allan, it came as a bombshell because they never had an inkling there were other infant victims.
But this was not the end of their suffering at the hands of the NHS.
It was while Lee was at the Children’s Hospital that he suffered a SECOND blunder by the health service.
He was rushed there as an emergency case with severe vomiting and dehydration.
The problem was eventually traced to a blocked stent (a surgical device which relieves pressure on the brain) previously fitted into his skull.
But there was a delay in carrying out surgery as a result of which Lee suffered further brain damage.
Now aged 42 Lee is unable to talk, or walk unaided, and needs round-the-clock care from his devoted parents.
He was awarded £2.2 million against the West Midlands Strategic Health Authority in an out-of-court settlement for clinical negligence because of the bungle at the Children’s Hospital.
Lee has never received any compensation for the meningitis outbreak at Birmingham Maternity Hospital, which is now known as Birmingham Women’s Hospital.
The compensation was won following years of determined research by Ann and Allan.
The couple wanted justice for Lee and to ensure the financial means was available to make his life more comfortable and to ensure he would be cared for properly after their death.
The Sunday Mercury reported on her battle to win justice for Lee in 2008.
Following our story Ann contacted medical negligence legal experts at Irwin Mitchell Solicitors who helped her to win the payout which was settled in 2012.
Ann had obtained official documents which revealed that Lee was one of four babies affected at the Maternity Hospital.
Apart from Lee, one child died straight away, a second suffered multiple handicaps and died aged 18, and the other remarkably recovered unharmed.
Ann said: “After Lee contracted meningitis, we never really asked – and were never told – how it could have happened.
“But when Lee went to Birmingham Children’s Hospital, as an emergency, a nurse dropped out what had happened. She must have read the case notes which we had never seen.
“I started investigating further and I heard more whispers about a meningitis outbreak at Birmingham Maternity Hospital at the time Lee was born.
“When I found records confirming this, I was horrified.
“It emerged that the hospital had covered up the outbreak and had continued to admit mothers, including me, to give birth there without any apparent concern for their health and welfare.
“If the hospital had halted new admissions, the outcome could have been very different.”
Lee’s award is being managed by his Court of Protection Deputy at Irwin Mitchell Solicitors with the objective of providing Lee with material comforts and care for the rest of his life.
The award has been utilised to purchase, and adapt, a new home for the family in the Midlands.
Doctors believe Lee will have a normal life expectancy.
Ann, now aged 75, said: “It has been a long and tiring journey but we now know that Lee will be looked after for the rest of his life.
“Allan and I don’t regard the compensation award as justice because nothing will ever re-pay him – or us - for what has happened.
“He was a healthy baby and he was dealt two cruel blows which have devastated his life – and ours.”
Ann and Allan, suffered the added agony of their daughter Karen dying from cancer last Christmas.
She was 55.
The couple look after Lee on their own – with only occasional help from carers – because he becomes distressed if his parents are not close at hand.
Lee can walk in the house, but only by being held by his father.
When he goes outside, he has to use a wheelchair.
Despite his multiple disabilities, Lee is very loving and enjoys listening to music.
Lee’s catastrophic plight – spanning more than four decades – has taken a physical, as well as mental, toll on Ann and Allan.
Neither is well and Ann’s weight has plunged to seven stone which she believes has been caused by constant stress.
Amazingly, Ann bears no animosity towards Birmingham Children’s Hospital for the additional brain damage caused to Lee by the delayed surgery.
She said she was pleased to receive a personal letter of apology after the court settlement from top NHS boss Sir Neil McKay, who was chief executive of Midlands and the East strategic health authority at the time.
Ann said: “Sir Neil assured us that medical knowledge and expertise had moved on significantly in the years since Lee had the operation and it was highly unlikely that such an event would happen now.
“I accept his word – and, after all, it’s just common sense - and I wouldn’t like anybody reading about our case to stop supporting Birmingham Children’s Hospital which does a tremendous amount of wonderful work and has an international reputation.
“We now have to get on with this new phase in our lives.”
Lucy Taylor, an expert Court of Protection lawyer at Irwin Mitchell who manages Lee’s funds, said: “Irwin Mitchell’s medical negligence team worked hard to secure a settlement for Lee that reflected his complex care needs.
“We now manage the funds on his behalf to ensure he has life-long financial stability and can make necessary purchases such as the wheelchair-adapted home in which he now lives; access to 24-hour care; and rehabilitation therapies to give him the best quality of life possible.”
Since the law suit started, the West Midlands Strategic Health Authority – also known as NHS West Midlands – has been wound up as part of the latest NHS reorganisation.
The Sunday Mercury contacted its successor body – NHS England – for comment on Lee’s case but they declined to comment on the case.
A spokeswoman for Birmingham Children’s Hospital also offered no comment, saying it had not been a party to the legal proceedings.
A spokeswoman for Birmingham Women’s Hospital said: “It is difficult to comment on a case which took place more than 40 years ago.
“However, neonatal care has moved on significantly in that time and we now care for 1,000 babies a year.
“We take infection control very seriously and are among the top-performing Trusts in the country.”
Lee Hawthorne, aged 42, has been awarded £2.2 million after suffering brain damage as a result of medical negligence.
His parents, Ann and Allan, turned amateur detectives to amass information to prove Lee, who was born healthy, was left blind and brain damaged after contracting meningitis as a new-born baby at Birmingham Maternity Hospital in 1972.
Lee suffered further brain damage aged eight after medics delayed treating him at Birmingham Children’s Hospital.
Ann and Allan’s battle began when a nurse casually mentioned to them in 1980 there had been a meningitis outbreak at the Maternity Hospital when Lee was born.
Ann said: “It has been a long and tiring journey, but we know Lee will be looked after for the rest of his life.
“Nothing will every re-pay him – or us – for what has happened.”
Ann and Allan were filled with pride when Ann gave birth to her perfectly healthy son Lee at the maternity hospital in 1972.
But nine days later their beautiful new-born baby became seriously ill.
The couple feared the worst and were devastated to learn that little Lee had contracted the deadly bug meningitis.
Their only son was left blind and brain damaged by the disease.
The couple reconciled themselves to a life of selfless care to their only son, as well as bringing up their three daughters.
They assumed that Lee’s illness, and its savage consequences, were a terrible twist of fate.
But eight years later Ann and Allan were stunned to learn that Lee had caught meningitis during an outbreak at the Maternity Hospital which was kept secret from expectant mums and new parents.
The truth came out – totally by chance – when Lee was under the care of Birmingham Children’s Hospital.
To Ann and Allan, it came as a bombshell because they never had an inkling there were other infant victims.
But this was not the end of their suffering at the hands of the NHS.
It was while Lee was at the Children’s Hospital that he suffered a SECOND blunder by the health service.
He was rushed there as an emergency case with severe vomiting and dehydration.
The problem was eventually traced to a blocked stent (a surgical device which relieves pressure on the brain) previously fitted into his skull.
But there was a delay in carrying out surgery as a result of which Lee suffered further brain damage.
Now aged 42 Lee is unable to talk, or walk unaided, and needs round-the-clock care from his devoted parents.
He was awarded £2.2 million against the West Midlands Strategic Health Authority in an out-of-court settlement for clinical negligence because of the bungle at the Children’s Hospital.
Lee has never received any compensation for the meningitis outbreak at Birmingham Maternity Hospital, which is now known as Birmingham Women’s Hospital.
The compensation was won following years of determined research by Ann and Allan.
The couple wanted justice for Lee and to ensure the financial means was available to make his life more comfortable and to ensure he would be cared for properly after their death.
The Sunday Mercury reported on her battle to win justice for Lee in 2008.
Following our story Ann contacted medical negligence legal experts at Irwin Mitchell Solicitors who helped her to win the payout which was settled in 2012.
Ann had obtained official documents which revealed that Lee was one of four babies affected at the Maternity Hospital.
Apart from Lee, one child died straight away, a second suffered multiple handicaps and died aged 18, and the other remarkably recovered unharmed.
Ann said: “After Lee contracted meningitis, we never really asked – and were never told – how it could have happened.
“But when Lee went to Birmingham Children’s Hospital, as an emergency, a nurse dropped out what had happened. She must have read the case notes which we had never seen.
“I started investigating further and I heard more whispers about a meningitis outbreak at Birmingham Maternity Hospital at the time Lee was born.
“When I found records confirming this, I was horrified.
“It emerged that the hospital had covered up the outbreak and had continued to admit mothers, including me, to give birth there without any apparent concern for their health and welfare.
“If the hospital had halted new admissions, the outcome could have been very different.”
Lee’s award is being managed by his Court of Protection Deputy at Irwin Mitchell Solicitors with the objective of providing Lee with material comforts and care for the rest of his life.
The award has been utilised to purchase, and adapt, a new home for the family in the Midlands.
Doctors believe Lee will have a normal life expectancy.
Ann, now aged 75, said: “It has been a long and tiring journey but we now know that Lee will be looked after for the rest of his life.
“Allan and I don’t regard the compensation award as justice because nothing will ever re-pay him – or us - for what has happened.
“He was a healthy baby and he was dealt two cruel blows which have devastated his life – and ours.”
Ann and Allan, suffered the added agony of their daughter Karen dying from cancer last Christmas.
She was 55.
The couple look after Lee on their own – with only occasional help from carers – because he becomes distressed if his parents are not close at hand.
Lee can walk in the house, but only by being held by his father.
When he goes outside, he has to use a wheelchair.
Despite his multiple disabilities, Lee is very loving and enjoys listening to music.
Lee’s catastrophic plight – spanning more than four decades – has taken a physical, as well as mental, toll on Ann and Allan.
Neither is well and Ann’s weight has plunged to seven stone which she believes has been caused by constant stress.
Amazingly, Ann bears no animosity towards Birmingham Children’s Hospital for the additional brain damage caused to Lee by the delayed surgery.
She said she was pleased to receive a personal letter of apology after the court settlement from top NHS boss Sir Neil McKay, who was chief executive of Midlands and the East strategic health authority at the time.
Ann said: “Sir Neil assured us that medical knowledge and expertise had moved on significantly in the years since Lee had the operation and it was highly unlikely that such an event would happen now.
“I accept his word – and, after all, it’s just common sense - and I wouldn’t like anybody reading about our case to stop supporting Birmingham Children’s Hospital which does a tremendous amount of wonderful work and has an international reputation.
“We now have to get on with this new phase in our lives.”
Lucy Taylor, an expert Court of Protection lawyer at Irwin Mitchell who manages Lee’s funds, said: “Irwin Mitchell’s medical negligence team worked hard to secure a settlement for Lee that reflected his complex care needs.
“We now manage the funds on his behalf to ensure he has life-long financial stability and can make necessary purchases such as the wheelchair-adapted home in which he now lives; access to 24-hour care; and rehabilitation therapies to give him the best quality of life possible.”
Since the law suit started, the West Midlands Strategic Health Authority – also known as NHS West Midlands – has been wound up as part of the latest NHS reorganisation.
The Sunday Mercury contacted its successor body – NHS England – for comment on Lee’s case but they declined to comment on the case.
A spokeswoman for Birmingham Children’s Hospital also offered no comment, saying it had not been a party to the legal proceedings.
A spokeswoman for Birmingham Women’s Hospital said: “It is difficult to comment on a case which took place more than 40 years ago.
“However, neonatal care has moved on significantly in that time and we now care for 1,000 babies a year.
“We take infection control very seriously and are among the top-performing Trusts in the country.”
This article is courtesy from the Birmingham Mail.
Wednesday, 21 May 2014
Doctors and nurses 'are ill-equipped to help people cope with death'
Thousands of patients are “dying badly” in NHS hospitals every year, experts have said, as a major investigation into end-of-life care in England reveals a widespread lack of training among hospital staff in the treatment and support of dying patients and their families.
The Royal College of Physicians said they had found “significant variation” in the standard of care provided.
While many hospitals performed well, only around a quarter of NHS trusts had mandatory training in care of the dying in place for doctors and nurses, and three quarters of hospitals had no palliative care professionals on duty at weekends.
Major problems with communication between care staff and patients were also identified. Healthcare professionals were found to be effectively recognising when patients were entering their final days of life, but did not tell the patient in more than half of cases in which the patient was capable of discussing it.
Friends and families were told that a patient was nearing the end of their life on average 31 hours before death, but a quarter of bereaved relatives said they did not feel they had been involved at all in decisions about their family member’s care.
The findings come from an audit of case notes of 6,580 patients who died in 149 hospitals in England last May, a questionnaire of nearly 1,000 bereaved relatives or friends, and information provided by NHS trusts on training in and availability of end-of-life care within their organisation.
Around half of the nearly 500,000 deaths in England every year happen in hospitals, and despite the UK recently topping a global list of the best countries to die in, experts said that the findings of this latest study revealed “unacceptable” failings.
“Too many patient are dying badly in our hospitals when we know how to care for them well,” said Professor John Ellershaw, director of the Marie Curie Palliative Care Institute, which collaborated with the RCP on the study. “If some hospitals can provide good outcomes in care then all hospitals can.”
Dr Kevin Stewart, a clinical director with RCP, who led the study, said that he was “deeply concerned” that some hospitals were letting down patients and their families.
“In particular, communication with patients and their families is generally poor,” he said. “It is disappointing that hospitals don't seem to recognise this as an important issue, not just for those experiencing this in their own lives, but for the wider public. Everyone wants to know that if they are in the same situation, their needs and those of their families, friends and those important to them will be met, with clinically appropriate treatment, sensitivity and compassion.”
Simon Chapman, of the National Council for Palliative Care, said that part of the problem lay with health professionals and the wider public treating death as “taboo”.
“They don’t find it easy to talk about these things, and a large number of doctors have had no recent training at all in end of life care,” he said. “Although it should be core business for hospitals it isn’t being viewed as such.”
Heather Richardson, national clinical lead at Help the Hospices, said that some health professionals “lack confidence and competence to care well for people who are approaching the end of their life”.
“In a civilised, modern society everyone should be able to expect high quality care at the end of their life,” she said.
Responding to the study, the care minister Norman Lamb said: “All patients should be receiving high quality and compassionate care in their last days of life – there can be no excuse for anything less. “This report shows evidence of very good care but I am seriously concerned about the variations in care, and improvements are needed in the way some clinicians communicate with patients and support families. I am determined this should improve. To help address these issues, we are working on plans to support all services in giving everyone in the last days and hours of life, and their families, the good quality, compassionate care they deserve.”
Case study
Linda Aitchison’s husband Neil died two years ago, at the age of 44, from malignant melanoma, at Wolverhampton’s New Cross Hospital.
“The care at Wolverhampton within the specialist Deanesly cancer ward was absolutely amazing, but the problem for us came a week before Neil died, when he was admitted to a general medical ward.
The things that happened have really stayed with me and caused a great deal of trauma. They weren’t huge incidents of negligence, just little instances where we felt we were overlooked, we were invisible and not treated with compassion and dignity: Neil fell from his bed, he was refused a wash, he had his notes lost.
When we arrived we had a five-hour wait for a doctor, in which I repeatedly asked for a drink of water, to be told he couldn’t have one, that would be up to a doctor. When I asked when that would happen, the response was: ‘not a clue’.
Neither myself nor Neil were under any illusion that he had much longer to live. I find that treatment very hard to understand
It was heartbreaking. At one point, my daughter, who was 13 at the time, and I had to take Neil to give him a wash ourselves. He could barely stand. She knew her dad wasn’t going to be around much longer. It was very upsetting.”
The Royal College of Physicians said they had found “significant variation” in the standard of care provided.
While many hospitals performed well, only around a quarter of NHS trusts had mandatory training in care of the dying in place for doctors and nurses, and three quarters of hospitals had no palliative care professionals on duty at weekends.
Major problems with communication between care staff and patients were also identified. Healthcare professionals were found to be effectively recognising when patients were entering their final days of life, but did not tell the patient in more than half of cases in which the patient was capable of discussing it.
Friends and families were told that a patient was nearing the end of their life on average 31 hours before death, but a quarter of bereaved relatives said they did not feel they had been involved at all in decisions about their family member’s care.
The findings come from an audit of case notes of 6,580 patients who died in 149 hospitals in England last May, a questionnaire of nearly 1,000 bereaved relatives or friends, and information provided by NHS trusts on training in and availability of end-of-life care within their organisation.
Around half of the nearly 500,000 deaths in England every year happen in hospitals, and despite the UK recently topping a global list of the best countries to die in, experts said that the findings of this latest study revealed “unacceptable” failings.
“Too many patient are dying badly in our hospitals when we know how to care for them well,” said Professor John Ellershaw, director of the Marie Curie Palliative Care Institute, which collaborated with the RCP on the study. “If some hospitals can provide good outcomes in care then all hospitals can.”
Dr Kevin Stewart, a clinical director with RCP, who led the study, said that he was “deeply concerned” that some hospitals were letting down patients and their families.
“In particular, communication with patients and their families is generally poor,” he said. “It is disappointing that hospitals don't seem to recognise this as an important issue, not just for those experiencing this in their own lives, but for the wider public. Everyone wants to know that if they are in the same situation, their needs and those of their families, friends and those important to them will be met, with clinically appropriate treatment, sensitivity and compassion.”
Simon Chapman, of the National Council for Palliative Care, said that part of the problem lay with health professionals and the wider public treating death as “taboo”.
“They don’t find it easy to talk about these things, and a large number of doctors have had no recent training at all in end of life care,” he said. “Although it should be core business for hospitals it isn’t being viewed as such.”
Heather Richardson, national clinical lead at Help the Hospices, said that some health professionals “lack confidence and competence to care well for people who are approaching the end of their life”.
“In a civilised, modern society everyone should be able to expect high quality care at the end of their life,” she said.
Responding to the study, the care minister Norman Lamb said: “All patients should be receiving high quality and compassionate care in their last days of life – there can be no excuse for anything less. “This report shows evidence of very good care but I am seriously concerned about the variations in care, and improvements are needed in the way some clinicians communicate with patients and support families. I am determined this should improve. To help address these issues, we are working on plans to support all services in giving everyone in the last days and hours of life, and their families, the good quality, compassionate care they deserve.”
Case study
Linda Aitchison’s husband Neil died two years ago, at the age of 44, from malignant melanoma, at Wolverhampton’s New Cross Hospital.
“The care at Wolverhampton within the specialist Deanesly cancer ward was absolutely amazing, but the problem for us came a week before Neil died, when he was admitted to a general medical ward.
The things that happened have really stayed with me and caused a great deal of trauma. They weren’t huge incidents of negligence, just little instances where we felt we were overlooked, we were invisible and not treated with compassion and dignity: Neil fell from his bed, he was refused a wash, he had his notes lost.
When we arrived we had a five-hour wait for a doctor, in which I repeatedly asked for a drink of water, to be told he couldn’t have one, that would be up to a doctor. When I asked when that would happen, the response was: ‘not a clue’.
Neither myself nor Neil were under any illusion that he had much longer to live. I find that treatment very hard to understand
It was heartbreaking. At one point, my daughter, who was 13 at the time, and I had to take Neil to give him a wash ourselves. He could barely stand. She knew her dad wasn’t going to be around much longer. It was very upsetting.”
This article is courtesy from The Independent.
Monday, 19 May 2014
Man given vasectomy by MISTAKE after going into hospital for minor op could get £100,000 compensation
A man who went into hospital for a minor operation was given a vasectomy instead, it emerged yesterday.
The surgeon’s ‘catastrophic’ blunder meant the unnamed patient, thought to be of an age at which he hoped to father children, was left sterile.
Doctors, who were meant to be performing a straightforward urological procedure, apologised unreservedly and operated again to reverse the vasectomy.
However, he faces an anxious wait to find out whether he is now fertile again.
In one case in two, a man who has a vasectomy reversed is unable to impregnate his partner naturally and the success rate for fertility treatment is even lower, at about one in four.
Clinical negligence lawyers say the patient could be entitled to a six-figure compensation payout from the hospital.
The mistake is classed by the NHS as a ‘never’ event – one which should never happen if all the proper surgical procedures are followed.
It happened at Royal Liverpool Hospital in February, and the surgeon has been barred from operating while an investigation is concluded.
Ian Cohen, clinical negligence lawyer at Slater & Gordon, said: ‘This is a truly shocking and worrying case.
‘From what we know, there has been a catastrophic breakdown in procedure, as simple checks designed to ensure the correct operation is carried out on the right patient seem to have failed.
'In a worst case scenario – sterility in a younger man with no children – the trust might be liable for a figure in excess of £100,000 in compensation.’
The hospital trust’s medical director, Dr Peter Williams, confirmed the blunder, adding: ‘We have apologised.
'We greatly regret the distress this has caused him. We are investigating this fully to understand why it occurred and how we can ensure it does not happen again.’
The hospital has refused to give the patient’s age citing medical confidentiality.
However, the fact that a reversal was attempted indicates that he had hoped either to start a family or to have more children.
Trust chief executive Aidan Kehoe told a board meeting it appeared that a World Health Organisation surgical safety checklist had not been followed.
Last year, Health Secretary Jeremy Hunt revealed there had been 326 ‘never’ events in 2011/12.
Among them 161 patients with foreign objects such as swabs left in their bodies, 70 suffering wrong-site surgery – where the wrong part of the body is operated upon – and 41 given incorrect implants.
Another 148 such incidents were recorded by NHS England between April and September last year.
This article is courtesy from The Daily Mail.
The surgeon’s ‘catastrophic’ blunder meant the unnamed patient, thought to be of an age at which he hoped to father children, was left sterile.
Doctors, who were meant to be performing a straightforward urological procedure, apologised unreservedly and operated again to reverse the vasectomy.
However, he faces an anxious wait to find out whether he is now fertile again.
In one case in two, a man who has a vasectomy reversed is unable to impregnate his partner naturally and the success rate for fertility treatment is even lower, at about one in four.
Clinical negligence lawyers say the patient could be entitled to a six-figure compensation payout from the hospital.
The mistake is classed by the NHS as a ‘never’ event – one which should never happen if all the proper surgical procedures are followed.
It happened at Royal Liverpool Hospital in February, and the surgeon has been barred from operating while an investigation is concluded.
Ian Cohen, clinical negligence lawyer at Slater & Gordon, said: ‘This is a truly shocking and worrying case.
‘From what we know, there has been a catastrophic breakdown in procedure, as simple checks designed to ensure the correct operation is carried out on the right patient seem to have failed.
'In a worst case scenario – sterility in a younger man with no children – the trust might be liable for a figure in excess of £100,000 in compensation.’
The hospital trust’s medical director, Dr Peter Williams, confirmed the blunder, adding: ‘We have apologised.
'We greatly regret the distress this has caused him. We are investigating this fully to understand why it occurred and how we can ensure it does not happen again.’
The hospital has refused to give the patient’s age citing medical confidentiality.
However, the fact that a reversal was attempted indicates that he had hoped either to start a family or to have more children.
Trust chief executive Aidan Kehoe told a board meeting it appeared that a World Health Organisation surgical safety checklist had not been followed.
Last year, Health Secretary Jeremy Hunt revealed there had been 326 ‘never’ events in 2011/12.
Among them 161 patients with foreign objects such as swabs left in their bodies, 70 suffering wrong-site surgery – where the wrong part of the body is operated upon – and 41 given incorrect implants.
Another 148 such incidents were recorded by NHS England between April and September last year.
This article is courtesy from The Daily Mail.
Friday, 16 May 2014
Wednesday, 14 May 2014
Wirral transplant patient wins payout over kidney from donor with cancer
A man who was given a cancerous kidney in a transplant operation has been awarded a six figure compensation settlement from the NHS to help him to rebuild his life.
Robert Law, 62, of Wirral, Merseyside, endured gruelling chemotherapy and was left psychologically scarred after a communication error lead to him receiving a kidney from a woman with an aggressive form of cancer.
"The past few years have been incredibly stressful and traumatic so I am relieved I am finally able to start the process of moving on with my life.
I continue to believe in the vital work that the transplant service does and remain grateful that the family of the woman who donated the kidney made the difficult decision to pass her organs on to people on the transplant list.
I hope that lessons have been learned from my case and that this has helped to make the system safer by ensuring all medical staff involved with transplants have the training and support they need." – Robert Law
Mr Law underwent the transplant operation on November 26, 2010.
However 12 days after the surgery he was given the devastating news that an autopsy had revealed that the donor had intravascular B cell lymphoma.
Tests later confirmed that the kidney Mr Law had been given was cancerous.
"Mr Law was on the transplant list after suffering from kidney disease for five years.
His sister had offered to donate one of her kidneys but after a kidney became available from a deceased donor he decided to spare her the ordeal.
Unfortunately the donated organ gave him cancer, which psychologically has taken an enormous toll on him.
Despite this Mr Law has conducted himself with great dignity throughout this case and has spoken out several times in support of organ donation.
In my experience as a medical negligence solicitor this type of error is rare but as with the many others we deal with it could have been avoided with adequate training, monitoring and communication.
It would be a further tragedy for anyone else to go through such an ordeal so it is vital that lessons have been learned." – Eddie Jones, Head of Medical Negligence at JMW Solicitors.
Mr Law's solicitor secured an admission of negligence and an apology from NHS Blood and Transplant.
This confirmed that when the transplant was carried out there had been a failure to communicate to the Royal Liverpool and Broadgreen University Hospital NHS Trust the possibility that the donor had lymphoma.
A six figure settlement has now been negotiated for Mr Law to help him to cope with the fall-out of the error.
The settlement has been calculated to take into consideration the losses Mr Law suffered due to the negligence and his current and future care needs.
I would like to reiterate to Mr Law how sorry we are that this mistake was made. I hope the full and final settlement of his case means he can move on from what unfortunately happened.
I would also like to reassure Mr Law we have learnt lessons and have made a number of changes as a direct result of this case. – Lynda Hamlyn, Chief Executive of NHS Blood And Transplant.
Robert Law, 62, of Wirral, Merseyside, endured gruelling chemotherapy and was left psychologically scarred after a communication error lead to him receiving a kidney from a woman with an aggressive form of cancer.
"The past few years have been incredibly stressful and traumatic so I am relieved I am finally able to start the process of moving on with my life.
I continue to believe in the vital work that the transplant service does and remain grateful that the family of the woman who donated the kidney made the difficult decision to pass her organs on to people on the transplant list.
I hope that lessons have been learned from my case and that this has helped to make the system safer by ensuring all medical staff involved with transplants have the training and support they need." – Robert Law
Mr Law underwent the transplant operation on November 26, 2010.
However 12 days after the surgery he was given the devastating news that an autopsy had revealed that the donor had intravascular B cell lymphoma.
Tests later confirmed that the kidney Mr Law had been given was cancerous.
"Mr Law was on the transplant list after suffering from kidney disease for five years.
His sister had offered to donate one of her kidneys but after a kidney became available from a deceased donor he decided to spare her the ordeal.
Unfortunately the donated organ gave him cancer, which psychologically has taken an enormous toll on him.
Despite this Mr Law has conducted himself with great dignity throughout this case and has spoken out several times in support of organ donation.
In my experience as a medical negligence solicitor this type of error is rare but as with the many others we deal with it could have been avoided with adequate training, monitoring and communication.
It would be a further tragedy for anyone else to go through such an ordeal so it is vital that lessons have been learned." – Eddie Jones, Head of Medical Negligence at JMW Solicitors.
Mr Law's solicitor secured an admission of negligence and an apology from NHS Blood and Transplant.
This confirmed that when the transplant was carried out there had been a failure to communicate to the Royal Liverpool and Broadgreen University Hospital NHS Trust the possibility that the donor had lymphoma.
A six figure settlement has now been negotiated for Mr Law to help him to cope with the fall-out of the error.
The settlement has been calculated to take into consideration the losses Mr Law suffered due to the negligence and his current and future care needs.
I would like to reiterate to Mr Law how sorry we are that this mistake was made. I hope the full and final settlement of his case means he can move on from what unfortunately happened.
I would also like to reassure Mr Law we have learnt lessons and have made a number of changes as a direct result of this case. – Lynda Hamlyn, Chief Executive of NHS Blood And Transplant.
This article is courtesy from ITV News.
Monday, 12 May 2014
NHS 'starved my husband to death': Wife sues after he dropped from 11st to 6st in just months because of 'inadequate feeding'
Painfully thin at just six stone but still managing to raise half a smile, a skeletal Eric Ward is just a shadow of his former self.
The former rugby player had weighed a healthy 11 stone before he was admitted to hospital.
In just a few months, his weight had plummeted.
His heartbroken widow Rosemary has now released this haunting photograph – taken just weeks before his death – as she launches legal action against the NHS.
The 75-year-old claims her husband was left to starve to death in the University Hospital of Wales, Cardiff.
Staff are accused of effectively giving him half of the 1,964 calories he needed every day ‘at best’.
The father-of-five, 69, became so thin while in their care that his fragile skin could be ripped open by simple sticking plasters, she said.
Mrs Ward, who was married to the retired builder for 53 years, said: ‘He went in to that hospital a walking man of a healthy weight and came out a skeleton in a wheelchair.
‘When he was discharged it was like bringing a dead body home, he was that frail and was just skin and bones. His legs were so thin.’
Four years after her husband’s death in June 2010, Mrs Ward has won a battle to have the case heard and justices at the High Court will hear the allegations later this year.
‘I’m not interested in the money – I want answers and justice for my Eric. He was my one and only love and the hospital just left him to starve to death,’ she said.
Mr Ward, a grandfather of 37 who also has 25 great-grandchildren, was admitted to the Welsh hospital twice in February 2010 after suffering from severe abdominal pains.
But despite being diagnosed with severe acute pancreatitis, staff are accused of failing to admit him to intensive care or administer adequate feeding.
Instead he was discharged just days after each visit, it is claimed.
Following his third and final admission to the hospital in March, Mr Ward discharged himself after two months because there was little hope of survival and the hospital put him on an end-of-life care pathway.
He died at his semi-detached home in Cardiff just two weeks later.
Claiming negligence against Cardiff and Vale University Local Health Board, court papers say Mr Ward was ‘effectively starving to death and must have been in considerable pain’.
The hospital ‘persisted’ in trying to feed him orally even though a scan revealed a gastric obstruction.
The papers say he should have been fed intravenously to ensure he got enough sustenance. As a result he received a fraction of the daily protein he needed, the documents add.
Mr Ward’s GP and a dietician raised fears over his ‘clinically significant 21 per cent body weight loss’ over two months.
But he remained in hospital for three weeks after his family’s repeated pleas for him to be able to go home where he could be cared for by nurses.
Mrs Ward, who slept on the floor by her husband’s hospital bed, said: ‘In the photo he was smiling because he thought he would be able to come home. Just moments later he broke down as they said no again.
‘It took us three weeks to get him back home where he belonged.’
The case claims that the hospital ‘unreasonably refused or failed to act upon the deceased’s requests to be discharged’.
Mrs Ward added: ‘When he was dying I told him I would fight this to the end, even if I end up losing our house I won’t give up.’
Cardiff and Vale University Health Board offered its ‘sincere sympathies’ to Mr Ward’s family.
A spokesman said: 'We are aware of this sad case and we extend our sincere sympathies to Mr Ward’s family.
'Our defence in this case will be lodged shortly and, given the ongoing legal proceedings, we are unfortunately not in a position to comment further.'
This article was courtesy from The Daily Mail.
The former rugby player had weighed a healthy 11 stone before he was admitted to hospital.
In just a few months, his weight had plummeted.
His heartbroken widow Rosemary has now released this haunting photograph – taken just weeks before his death – as she launches legal action against the NHS.
The 75-year-old claims her husband was left to starve to death in the University Hospital of Wales, Cardiff.
Staff are accused of effectively giving him half of the 1,964 calories he needed every day ‘at best’.
The father-of-five, 69, became so thin while in their care that his fragile skin could be ripped open by simple sticking plasters, she said.
Mrs Ward, who was married to the retired builder for 53 years, said: ‘He went in to that hospital a walking man of a healthy weight and came out a skeleton in a wheelchair.
‘When he was discharged it was like bringing a dead body home, he was that frail and was just skin and bones. His legs were so thin.’
Four years after her husband’s death in June 2010, Mrs Ward has won a battle to have the case heard and justices at the High Court will hear the allegations later this year.
‘I’m not interested in the money – I want answers and justice for my Eric. He was my one and only love and the hospital just left him to starve to death,’ she said.
Mr Ward, a grandfather of 37 who also has 25 great-grandchildren, was admitted to the Welsh hospital twice in February 2010 after suffering from severe abdominal pains.
But despite being diagnosed with severe acute pancreatitis, staff are accused of failing to admit him to intensive care or administer adequate feeding.
Instead he was discharged just days after each visit, it is claimed.
Following his third and final admission to the hospital in March, Mr Ward discharged himself after two months because there was little hope of survival and the hospital put him on an end-of-life care pathway.
He died at his semi-detached home in Cardiff just two weeks later.
Claiming negligence against Cardiff and Vale University Local Health Board, court papers say Mr Ward was ‘effectively starving to death and must have been in considerable pain’.
The hospital ‘persisted’ in trying to feed him orally even though a scan revealed a gastric obstruction.
The papers say he should have been fed intravenously to ensure he got enough sustenance. As a result he received a fraction of the daily protein he needed, the documents add.
Mr Ward’s GP and a dietician raised fears over his ‘clinically significant 21 per cent body weight loss’ over two months.
But he remained in hospital for three weeks after his family’s repeated pleas for him to be able to go home where he could be cared for by nurses.
Mrs Ward, who slept on the floor by her husband’s hospital bed, said: ‘In the photo he was smiling because he thought he would be able to come home. Just moments later he broke down as they said no again.
‘It took us three weeks to get him back home where he belonged.’
The case claims that the hospital ‘unreasonably refused or failed to act upon the deceased’s requests to be discharged’.
Mrs Ward added: ‘When he was dying I told him I would fight this to the end, even if I end up losing our house I won’t give up.’
Cardiff and Vale University Health Board offered its ‘sincere sympathies’ to Mr Ward’s family.
A spokesman said: 'We are aware of this sad case and we extend our sincere sympathies to Mr Ward’s family.
'Our defence in this case will be lodged shortly and, given the ongoing legal proceedings, we are unfortunately not in a position to comment further.'
This article was courtesy from The Daily Mail.
Friday, 9 May 2014
How to avoid the cosmetic surgery cowboys
In 2014, success is measured by your appearance. Whereas make-up used to do the trick, people are now looking to celebrity influence for immediate and enduring perfection, whatever the cost. And there are plenty of unregulated companies willing to gamble with your looks in exchange for your cash.
The Government recently announced reforms for the cosmetic surgery industry in order to improve patient safety, and while some of the proposed measures are welcome and overdue there have been criticisms that the changes do not go far enough.
Whether you like it or not, cosmetic surgery in the UK is now big business with an estimated 700,000 surgical and non-surgical procedures performed each year. The dramatic rise in the number of young people opting to have cosmetic procedures may be explained in part by the ever watchful eye of social media, pressure from mainstream media, and a perceived need to constantly 'look good.' Horror stories - such as Leslie Ash’s botched lip surgery, the tragic case of Claudia Aderotim who died in the US after an unapproved substance was injected into her buttocks, and of course the PIP breast implants scandal - are timely reminders that procedures are not without risk. Despite these isolated cases, the popularity of breast enhancements, botox and tummy tucks is ever increasing.
It can be hard to prove that practitioners in the field have adopted an approach that breaks the rules or cannot be endorsed by the majority of the profession. Until the law is in a stronger position to protect you and to avoid having to resort to legal action at all, it is wise to take all steps that you can to protect yourself. So what are some of the things someone should look out for when contemplating cosmetic surgery?
Check how experienced your treatment provider is, both generally, and with respect to the proposed procedure. Can they tell you their success record? Beware ‘have a go’ inexperienced clinicians who are trying to move into a more lucrative field of cosmetic surgery without the requisite skills, training or experience.
Ensure any clinic you are considering for treatment is licensed with the Care Quality Commission (CQC). If the procedure involves surgery, check the treatment provider is registered with the General Medical Council (GMC) and a member of BAAPS (British Association of Aesthetic Plastic Surgeons). Only 43,000 of the 700,000 annual cosmetic procedures performed in the UK last year were done by BAAPS approved registered clinicians. BAAPS has thorough training and accreditation standards and so membership can reasonably be seen as a hallmark of quality.
Have you been told of (and shown photographs of) possible complications that may result from the treatment you are considering? Typically these include infection, bleeding, wound breakdown, delayed healing, thrombosis, unfavourable scarring, asymmetry, and in extreme cases even nipple necrosis and gangrene. Most competent surgeons will overstate the complications, rather than the reverse
Who is being tasked with obtaining your consent – the clinician performing the procedure or just a nurse or salesperson? You should insist on the former as you need to be properly informed of the risks as well as the benefits of the procedure in order to be able to give proper informed consent to proceed.
Make sure that it is contractually clear, prior to treatment, who is responsible for monitoring your condition after surgery and dealing with a poor surgical outcome and who will be financially liable for the correction of any complications. This is important because there is currently no legal requirement placing a duty on clinics or surgeons to provide aftercare where a patient is harmed as result of a cosmetic procedure. There is talk of the government creating a system of redress if things go wrong. However, at the moment, the patient usually ends up going for help to the NHS, often through a local Accident & Emergency department.
Be extra careful if you are contemplating having dermal fillers or Botox injections which are available to members of the public without prescription and are currently no better regulated than ballpoint pens or toothbrushes! Government ministers have very recently announced that they may make it illegal to offer such procedures without training but nothing has yet been set in stone.
If you've had a bad experience with a cosmetic cowboy, Curtis Law would love to hear from you. You can visit their website www.curtislaw.co.uk or call them free on 0800 008 7450.
Pensioner’s FOUR HOUR wait for ambulance while feeling ill after major heart surgery
A pensioner recovering from major heart surgery was forced to wait almost four hours for an ambulance.
Stan Kelly’s doctor rang for an ambulance after he woke up feeling “horrendous” and had trouble breathing just weeks after undergoing major surgery on his heart.
His doctor expected an ambulance to be with him in around an hour – but one did not arrive until three hours and 45 minutes later.
It is the latest in a series of incidents of patients in Hartlepool and East Durham enduring lengthy waits because of a shortage of ambulance resources.
It comes after the Mail reported last week how much-loved Hartlepool man William Gouldburn, 73, died after being left on his bathroom floor for two hours.
The grandad-of-two said: “I just felt absolutely horrendous when I woke up.Mr Kelly, a retired bus and coach driver, who also has a chronic lung condition and asthma, blasted the wait and called for more ambulances to be provided.
“I very rarely wake up with breathing difficulties. With the doctor sending for the ambulance it could have been anything, we just didn’t know.
“It is just the thought of the ambulance being that long. We were told an hour to an hour and a quarter at the most, but it was three hours and 45 minutes.
The North East Ambulance Service says it was dealing with more life-threatening cases last Wednesday when Mr Kelly was ill.“My wife’s sister, or daughter or the next-door neighbour could have taken me if we had known. We wouldn’t have waited that long.”
Mr Kelly, who is married to Ann, 63, has three grown-up daughters, was taken to the University Hospital of North Tees, in Stockton, where he was kept in overnight.
A scan later revealed he had a chest infection and fluid on the lung and was given medication.
Mr Kelly, of Clifton avenue, Hartlepool, added: “I can’t blame the ambulance crews, they are up to their necks with it.
“There should be more ambulances. Do you write to the health minister, the Prime Minister, the Queen? How high far do you need to go?”
A North East Ambulance Service spokesman said: “We were called by the gentleman’s GP at 1.47pm, who requested transport for a patient with a chest infection. It was not an emergency 999 call, and there was no target time response.
“As an emergency service, our top priority is always incidents where people may die if we do not get there within eight minutes. And for this type of response we are consistently the quickest in England and Wales.
“Once we had attended the more pressing Red calls where life was in immediate danger, we were able to attend the patient at 5.30pm.
“We kept in touch with the patient throughout the day, during which time his condition did not change.
“We are pleased to hear he is making a good recovery from his chest infection.”
The public services union Unison described Mr Kelly’s case as just the latest in a long line of incidents.
David Atkinson, who represents the union’s ambulance service members, said: “It is certainly to do with a lack of resources. The trust are now saying this.
“They have a £1.7m shortfall in their budget this year.”
David said the cuts are putting “huge pressure” on frontline staff.
He added: “These long waiting times are making patients frustrated and could be one of the reasons why assaults on staff are up.”
Stan Kelly’s doctor rang for an ambulance after he woke up feeling “horrendous” and had trouble breathing just weeks after undergoing major surgery on his heart.
His doctor expected an ambulance to be with him in around an hour – but one did not arrive until three hours and 45 minutes later.
It is the latest in a series of incidents of patients in Hartlepool and East Durham enduring lengthy waits because of a shortage of ambulance resources.
It comes after the Mail reported last week how much-loved Hartlepool man William Gouldburn, 73, died after being left on his bathroom floor for two hours.
The grandad-of-two said: “I just felt absolutely horrendous when I woke up.Mr Kelly, a retired bus and coach driver, who also has a chronic lung condition and asthma, blasted the wait and called for more ambulances to be provided.
“I very rarely wake up with breathing difficulties. With the doctor sending for the ambulance it could have been anything, we just didn’t know.
“It is just the thought of the ambulance being that long. We were told an hour to an hour and a quarter at the most, but it was three hours and 45 minutes.
The North East Ambulance Service says it was dealing with more life-threatening cases last Wednesday when Mr Kelly was ill.“My wife’s sister, or daughter or the next-door neighbour could have taken me if we had known. We wouldn’t have waited that long.”
Mr Kelly, who is married to Ann, 63, has three grown-up daughters, was taken to the University Hospital of North Tees, in Stockton, where he was kept in overnight.
A scan later revealed he had a chest infection and fluid on the lung and was given medication.
Mr Kelly, of Clifton avenue, Hartlepool, added: “I can’t blame the ambulance crews, they are up to their necks with it.
“There should be more ambulances. Do you write to the health minister, the Prime Minister, the Queen? How high far do you need to go?”
A North East Ambulance Service spokesman said: “We were called by the gentleman’s GP at 1.47pm, who requested transport for a patient with a chest infection. It was not an emergency 999 call, and there was no target time response.
“As an emergency service, our top priority is always incidents where people may die if we do not get there within eight minutes. And for this type of response we are consistently the quickest in England and Wales.
“Once we had attended the more pressing Red calls where life was in immediate danger, we were able to attend the patient at 5.30pm.
“We kept in touch with the patient throughout the day, during which time his condition did not change.
“We are pleased to hear he is making a good recovery from his chest infection.”
The public services union Unison described Mr Kelly’s case as just the latest in a long line of incidents.
David Atkinson, who represents the union’s ambulance service members, said: “It is certainly to do with a lack of resources. The trust are now saying this.
“They have a £1.7m shortfall in their budget this year.”
David said the cuts are putting “huge pressure” on frontline staff.
He added: “These long waiting times are making patients frustrated and could be one of the reasons why assaults on staff are up.”
This article is courtesy from Hartlepool Mail.
Wednesday, 7 May 2014
Negligence and legal bills cost Sunderland Royal Hospital £7.4million
Medical negligence and legal bills have cost Sunderland Royal Hospital £7.4million.
City Hospitals Sunderland handed over £7,439,022 in settlement deals between 2012/13 – up more than £1.2million on the previous year.
While the Trust says the negligence claims are a “fact of life” in the city’s healthcare service, those representing victims argue more needs to be done to ease patients’ concerns.
Last year, the family of a girl who suffered severe disabilities due to medical mistakes made during her birth won a £7.1million payout.
The child, known only as AM for legal reasons, was not delivered quickly enough and developed dystonic quadriplegic cerebral palsy, leaving her facing severe disabilities for the rest of her life.
She was left needing 24-hour care, cannot walk unaided and needs adapted equipment, housing and transport. Her family sued City Hospitals Sunderland NHS Foundation Trust, which admitted liability and a settlement, worth £7.1million, was approved by the High Court.
The Trust will now pay out a substantial sum every year for the rest of AM’s life to pay for the care she needs. The latest figures come from the NHS Litigation Authority who manage negligence and other claims on behalf of the NHS.
A spokesman for City Hospitals Sunderland said: “We have built a reputation as one of the leading acute trusts in the country, both through our clinical professionalism and with the range of services and the levels of expertise that our staff provide to patients throughout the north.
“Part of our ongoing patient safety regime is to feed back every complaint and error into our day-to-day policies, so that we can learn from mistakes and try to ensure they are not repeated.
“Unfortunately, clinical negligence claims are a fact of life in a healthcare service.”
This article is courtesy from Sunderland Echo.
City Hospitals Sunderland handed over £7,439,022 in settlement deals between 2012/13 – up more than £1.2million on the previous year.
While the Trust says the negligence claims are a “fact of life” in the city’s healthcare service, those representing victims argue more needs to be done to ease patients’ concerns.
Last year, the family of a girl who suffered severe disabilities due to medical mistakes made during her birth won a £7.1million payout.
The child, known only as AM for legal reasons, was not delivered quickly enough and developed dystonic quadriplegic cerebral palsy, leaving her facing severe disabilities for the rest of her life.
She was left needing 24-hour care, cannot walk unaided and needs adapted equipment, housing and transport. Her family sued City Hospitals Sunderland NHS Foundation Trust, which admitted liability and a settlement, worth £7.1million, was approved by the High Court.
The Trust will now pay out a substantial sum every year for the rest of AM’s life to pay for the care she needs. The latest figures come from the NHS Litigation Authority who manage negligence and other claims on behalf of the NHS.
A spokesman for City Hospitals Sunderland said: “We have built a reputation as one of the leading acute trusts in the country, both through our clinical professionalism and with the range of services and the levels of expertise that our staff provide to patients throughout the north.
“Part of our ongoing patient safety regime is to feed back every complaint and error into our day-to-day policies, so that we can learn from mistakes and try to ensure they are not repeated.
“Unfortunately, clinical negligence claims are a fact of life in a healthcare service.”
This article is courtesy from Sunderland Echo.
Monday, 5 May 2014
Woman sues hospital after surgeons left a four inch plastic tube inside her
A woman is suing a hospital where surgeons left a four-inch plastic tube inside her, resulting in her losing half a lung when it was removed.
Julie Jones, 51, underwent surgery to have her spleen removed in October 2009 and thought she had made a full recovery.
But she claims doctors at St James’ University Hospital, in Leeds, had left a tube inside her lung which threatened to kill her at any moment if it pierced her liver.
The problem was only spotted when Ms Jones, who moved from Leeds to Devon in 2011,
began to feel seriously unwell and went to hospital for a scan and chest X-ray.
Staff at the Royal Devon and Exeter Hospital immediately detected the tube and advised a non-invasive operation to try and remove it.
But after six failed attempts they decided to operate and take out half of her lung, leaving the mother-of-four disabled.
Ms Jones said: 'When the doctor told me that I would have to have part of my lung removed I asked him what exactly the "foreign body" was.
'The doctor just told me I’d been horribly let down on my last operation and showed me the X-ray of my chest.
'When I saw the tube in my lung I was immediately sick, I couldn’t even eat anything for three days because I was so repulsed.
Ms Jones said: 'When the doctor told me that I would have to have part of my lung removed I asked him what exactly the "foreign body" was.
'The doctor just told me I’d been horribly let down on my last operation and showed me the X-ray of my chest.
'When I saw the tube in my lung I was immediately sick, I couldn’t even eat anything for three days because I was so repulsed.
'How on earth could a team of ten surgeons have missed a four-inch plastic tube with shiny metal clips - it’s terrifying and disgusting.'
She added: 'The surgeons told me that the tube was only one centimetre away from my liver.
'At any minute it could have slipped down and pierced it, killing me.'
Since the operation last November, Ms Jones, a former cleaning supervisor, says she has been left breathless, lethargic and unable to walk more than a few paces.
She said: 'I used to be really active; I used to love walking and I worked for a living.
'Now I can’t even take more than a few steps until I’m knackered.
'I have basically been left disabled for the rest of my life because those surgeons in Leeds left a plastic tube inside me.
'I don’t know if those surgeons were half asleep, drunk or what. But there were ten of them involved in the operation - ten of them - and nobody noticed it. It’s terrifying.'
She added: 'I think people need to know that this sort of thing does happen. How many people might already be dead?'
Ms Jones is now suing The Leeds Teaching Hospitals NHS Trust for medical negligence.
She said: 'I’m never going to get much better than I am now, I’m never going to have normal life again.
'Through their negligence, those doctors have ruined my life - I won’t ever be the same again.
'Just a simple thing like walking to the shops is impossible for me and it’s all the fault of those surgeons - how could they let this happen?'
Leeds Teaching Hospitals NHS Trust has confirmed Ms Jones was a patient at St James’ University Hospital and that they are looking into a legal claim dating back to 2011.
A spokesman said: 'We are unable to comment on this case as a legal claim is ongoing.'
A spokesperson for the Royal Devon and Exeter Hospital NHS Foundation Trust, said: 'I can confirm
this patient had an operation at the Royal Devon and Exeter Hospital where a foreign body was removed from her chest.'
This article is courtesy from The Daily Mail.
Julie Jones, 51, underwent surgery to have her spleen removed in October 2009 and thought she had made a full recovery.
But she claims doctors at St James’ University Hospital, in Leeds, had left a tube inside her lung which threatened to kill her at any moment if it pierced her liver.
The problem was only spotted when Ms Jones, who moved from Leeds to Devon in 2011,
began to feel seriously unwell and went to hospital for a scan and chest X-ray.
Staff at the Royal Devon and Exeter Hospital immediately detected the tube and advised a non-invasive operation to try and remove it.
But after six failed attempts they decided to operate and take out half of her lung, leaving the mother-of-four disabled.
Ms Jones said: 'When the doctor told me that I would have to have part of my lung removed I asked him what exactly the "foreign body" was.
'The doctor just told me I’d been horribly let down on my last operation and showed me the X-ray of my chest.
'When I saw the tube in my lung I was immediately sick, I couldn’t even eat anything for three days because I was so repulsed.
Ms Jones said: 'When the doctor told me that I would have to have part of my lung removed I asked him what exactly the "foreign body" was.
'The doctor just told me I’d been horribly let down on my last operation and showed me the X-ray of my chest.
'When I saw the tube in my lung I was immediately sick, I couldn’t even eat anything for three days because I was so repulsed.
'How on earth could a team of ten surgeons have missed a four-inch plastic tube with shiny metal clips - it’s terrifying and disgusting.'
She added: 'The surgeons told me that the tube was only one centimetre away from my liver.
'At any minute it could have slipped down and pierced it, killing me.'
Since the operation last November, Ms Jones, a former cleaning supervisor, says she has been left breathless, lethargic and unable to walk more than a few paces.
She said: 'I used to be really active; I used to love walking and I worked for a living.
'Now I can’t even take more than a few steps until I’m knackered.
'I have basically been left disabled for the rest of my life because those surgeons in Leeds left a plastic tube inside me.
'I don’t know if those surgeons were half asleep, drunk or what. But there were ten of them involved in the operation - ten of them - and nobody noticed it. It’s terrifying.'
She added: 'I think people need to know that this sort of thing does happen. How many people might already be dead?'
Ms Jones is now suing The Leeds Teaching Hospitals NHS Trust for medical negligence.
She said: 'I’m never going to get much better than I am now, I’m never going to have normal life again.
'Through their negligence, those doctors have ruined my life - I won’t ever be the same again.
'Just a simple thing like walking to the shops is impossible for me and it’s all the fault of those surgeons - how could they let this happen?'
Leeds Teaching Hospitals NHS Trust has confirmed Ms Jones was a patient at St James’ University Hospital and that they are looking into a legal claim dating back to 2011.
A spokesman said: 'We are unable to comment on this case as a legal claim is ongoing.'
A spokesperson for the Royal Devon and Exeter Hospital NHS Foundation Trust, said: 'I can confirm
this patient had an operation at the Royal Devon and Exeter Hospital where a foreign body was removed from her chest.'
This article is courtesy from The Daily Mail.
Friday, 2 May 2014
How to claim for medical negligence
Doctors and nurses consistently rank as the most trustworthy professionals in surveys.
And while it’s true that the overwhelming majority of medical professionals do a fantastic job, things occasionally do go wrong.
In 2012 there were 14,171 claims in the UK for injury caused by a medical procedure. This was a 13% increase on the previous year and more than 40% on three years earlier.
While Britain has amongst the highest medical standards in the world, that's still a high number of compensation claims. For whatever reason, mistakes happen and the result can be serious injury or worse. When mistakes are made it is referred to as Clinical or Medical Negligence. Doctors and other medical professionals know they can make mistakes, which is why they all must have medical insurance.
Some illnesses or diseases may not be curable but no health worker or doctor's action should make the condition worse. If it does, a case for compensation is probably worth pursuing. Around 95% of Clinical Negligence cases are settled before getting to court.
So, if you are in this situation, speak to an experienced Medical Negligence lawyer as soon as possible. The average Clinical Negligence case takes about 16 months.
Medicine is a risky business and obviously not every poor outcome can be prevented. There are two basic tests used to see if a case of Clinical Negligence has occurred.
Firstly, did the medical professional act in a way that no similar professional would have done?
Secondly, would the harm not have happened if the procedure hadn't been done? In other words, was it what most doctors would have done and did it make things worse?
Getting answers may not be simple and will take someone with experience in this area of law to look at the circumstances and advise you.
An experienced solicitor will examine the facts and give you an opinion on whether to proceed or not, very quickly.
A report carried out by the NHS in 2012 showed that between 1995 and 2011 there were 25,867 negligence claims for surgical procedures and 13,095 for obstetrics and gynecology. The damages paid to patients, however, were reverse. Obstetrics and gynecology accounted for more than £5bn and for surgery more than £2bn over that period.
To win a case you must show that the medical expert or clinic caused the injury.
For example, birth injury claims. If a child is left with a brain injury, it has to be shown that, say, the doctor should have delivered the baby sooner.
If he didn't correctly look at all the reports or he failed to monitor the baby’s heartbeat and therefore didn't deliver the baby safely, there may well be a case to answer.
It's not just hospitals, clinics or specialists that cause Clinical Damages.
The claims against GPs have risen by 20%, in one report, over recent years. Wrong prescriptions, wrong dosages or even the wrong diagnosis can cause a lot of harm to patients. Failure to send patients to specialists in time is another major issue. There are ten times more claims of more than £1m against GPs than there were a fifteen years.
Most dentists and dental technicians are very good at what they do. Sometimes though they can make mistakes. Mistakes often result from the simplest of procedures like badly made dentures, poor fillings, root canal therapy, extracting the wrong tooth, and incorrectly managed tooth decay or gum disease.
Tooth implants are quite common these days but require specialised skills, so mistakes can happen. The sooner you act the better. When things go wrong in dentistry it can be really painful and expensive.
As a patient you do have rights. However, you should know that, that as soon as you are aware of Clinical Negligence you have only three years to begin an action.
Claims involving children should begin within three years of the child’s eighteenth birthday.
An exception would be if the claim were on behalf of someone with limited capacity to act (brain injury for example). For such cases there is no time limit.
This article is courtesy from The Mirror.
And while it’s true that the overwhelming majority of medical professionals do a fantastic job, things occasionally do go wrong.
In 2012 there were 14,171 claims in the UK for injury caused by a medical procedure. This was a 13% increase on the previous year and more than 40% on three years earlier.
While Britain has amongst the highest medical standards in the world, that's still a high number of compensation claims. For whatever reason, mistakes happen and the result can be serious injury or worse. When mistakes are made it is referred to as Clinical or Medical Negligence. Doctors and other medical professionals know they can make mistakes, which is why they all must have medical insurance.
Some illnesses or diseases may not be curable but no health worker or doctor's action should make the condition worse. If it does, a case for compensation is probably worth pursuing. Around 95% of Clinical Negligence cases are settled before getting to court.
So, if you are in this situation, speak to an experienced Medical Negligence lawyer as soon as possible. The average Clinical Negligence case takes about 16 months.
Medicine is a risky business and obviously not every poor outcome can be prevented. There are two basic tests used to see if a case of Clinical Negligence has occurred.
Firstly, did the medical professional act in a way that no similar professional would have done?
Secondly, would the harm not have happened if the procedure hadn't been done? In other words, was it what most doctors would have done and did it make things worse?
Getting answers may not be simple and will take someone with experience in this area of law to look at the circumstances and advise you.
An experienced solicitor will examine the facts and give you an opinion on whether to proceed or not, very quickly.
A report carried out by the NHS in 2012 showed that between 1995 and 2011 there were 25,867 negligence claims for surgical procedures and 13,095 for obstetrics and gynecology. The damages paid to patients, however, were reverse. Obstetrics and gynecology accounted for more than £5bn and for surgery more than £2bn over that period.
To win a case you must show that the medical expert or clinic caused the injury.
For example, birth injury claims. If a child is left with a brain injury, it has to be shown that, say, the doctor should have delivered the baby sooner.
If he didn't correctly look at all the reports or he failed to monitor the baby’s heartbeat and therefore didn't deliver the baby safely, there may well be a case to answer.
It's not just hospitals, clinics or specialists that cause Clinical Damages.
The claims against GPs have risen by 20%, in one report, over recent years. Wrong prescriptions, wrong dosages or even the wrong diagnosis can cause a lot of harm to patients. Failure to send patients to specialists in time is another major issue. There are ten times more claims of more than £1m against GPs than there were a fifteen years.
Most dentists and dental technicians are very good at what they do. Sometimes though they can make mistakes. Mistakes often result from the simplest of procedures like badly made dentures, poor fillings, root canal therapy, extracting the wrong tooth, and incorrectly managed tooth decay or gum disease.
Tooth implants are quite common these days but require specialised skills, so mistakes can happen. The sooner you act the better. When things go wrong in dentistry it can be really painful and expensive.
As a patient you do have rights. However, you should know that, that as soon as you are aware of Clinical Negligence you have only three years to begin an action.
Claims involving children should begin within three years of the child’s eighteenth birthday.
An exception would be if the claim were on behalf of someone with limited capacity to act (brain injury for example). For such cases there is no time limit.
This article is courtesy from The Mirror.
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