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A Childhood Disease Leads To Clinical Negligence Claim

A simple case of chickenpox has resulted in a clinical negligence claim against the Cambridge Medical Group. The series of events that has lead to this claim is raising serious questions within the legal profession as to just where the responsibility lies and how this could affect claims of a similar nature in the future.

At the age of 11 months, Clarice Wright caught the virus, which, for the majority of children and adults, is not a seriously threatening condition. Figures show that 90% of people contract the illness during childhood and are left with no notable side effects. However, Clarice’s chickenpox appeared to be a severe case and her parents contacted the Cambridge Medical Group for advice. According to Yvonne Cooper, Clarice’s grandmother, the response was, “Give the child Calpol.”

A childhood illness becomes a ‘super infection’

Unfortunately, Clarice’s condition worsened and the chickenpox developed into a bacterial ‘super infection’ that entered her bones. As a result, surgeons had to remove a portion of Clarice’s leg bone in order to remove the infection. Now aged 13 Clarice has one leg significantly shorter than the other, affecting her mobility. In addition she faces a number of further painful operations to correct the difference in size between her legs. Clarice’s parents are choosing to launch a clinical negligence claim, arguing that earlier treatment and identification of the chickenpox’s severity could have prevented the super infection and the subsequent removal of bone tissue. In addition they are arguing that that compensation will be sought for her reduced mobility and damage to her potential employment prospects in the future. The Cambridge Medical Group denies liability, but the question still remains - who is responsible?

Where does the responsibility lie?

Clinical negligence is a complex area of the law and the burden of proof lies on the claimant to show that an injury or death is the direct result of actions or negligence on the behalf of a healthcare professional. It must be proven that the actions of that professional would in no way ordinarily be undertaken by a competent member of staff. In Clarice’s case, the question arises as to whether she was technically in the care of the Cambridge Medical Group at the time the telephone call was made. Her parents are likely to argue that they carried out treatment according to the instructions of healthcare professionals, who refused a home visit. Should this case prove successful for Clarice’s parents, it could then open the doors for further claims of misdiagnosis made on the telephone.

In a similar recent case, a child was left with significant and behavioural and developmental issues as the result of clinical negligence in the treatment of his chickenpox. In addition to his behavioural problems, the child was left blind and now requires 24-hour care and supervision and will never live independently. The compensation paid out is thought to be around �£5 million.

In the case of Clarice Wright the insurance industry, the medical profession and thousands of potential claimants must wait to see what the results of the case are. If successful, Clarice’s case could have serious ramifications for the increasingly popular method of telephone diagnosis.

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