Medical Negligence Claim Case Studies

1stClaims solicitors are experts in medical negligence claims (now called clinical negligence). Over the years they have helped many injured accident victims to recover compensation for medical or clinical negligence. You can see some examples of cases successfully completed below:

Birth Injury: Fourth degree Tear After Child Birth

Our client experienced a severe 4th degree tear following childbirth. The tear had not healed properly a significant amount of time after the birth. She was experiencing almost constant pain and could not sit down or even use the toilet without being in serious discomfort. First Claims saw this situation and her treatment as unacceptable as with proper care and attention she would have not have experienced such trauma.

Birth Injury: Infection Following Caesarean Section

Following our client's caesarean section she contracted an infection in the stitches which lasted for a considerable length of time. The correct medication was not prescribed by her doctors following her surgery. To top this, the surgeon placed stitches in the wrong location which caused her further discomfort. After constantly being rudely spoken to and having her complaints ignored the infection came back for a second time and she contacted First Claims for advice about taking legal action. We immediately saw evidence for a prescribing error, medical negligence and surgical negligence.

Birth Injury: Placental Abruption During Childbirth

Client 1 experienced a placental abruption during childbirth which was left undiagnosed due to their midwife's negligence. Having been in intense pain for an unacceptable length of time bleeding began and she was rushed into surgery for an emergency caesarean. However, it was too late. Her baby was born with severe brain damage and passed away before he had been alive for a week. Naturally our client was devastated. First Claims gave her advice about her case as she had always believed if she been given better care by her midwife during the initial stages of labour her condition would have been diagnosed more rapidly and treated accordingly and she potentially wouldn't have suffered the loss of a child.

C Difficile: Patient Dies After Contracting C Difficile

Our client was suffering from a severe liver condition when admitted to hospital a few months ago. Whilst in hospital he contracted the hospital superbug c-difficile which led to his death. First Claims believed that the hospital did not take into account how incredibly low his immune system was when he arrived in hospital and therefore failed to take appropriate precautions. We therefore pursued a medical negligence claim against the hospital on our client's behalf.

Cerebral Palsy: Cerebral Palsy Claim

Cerebral Palsy Victim Recovers In Excess of
5 Million Medical Negligence Compensation

Mr B, aged 23 at the date of settlement, was born following a difficult labour and delivery.

Mr B suffered a period of severe and prolonged oxygen deprivation during his birth which resulted in him sustaining permanent brain damage. Mr B has severe dystonic-athetoid cerebral palsy. He is wheelchair dependant and reliant upon others for all aspects of his daily life.

Mr B's parents did not consider pursuing a claim against the Hospital for many years as their main concern was their son's health and well-being and their time was completely taken up with ensuring that they provided him with the best quality of life that was possible. However, when Mr B was aged 15, his parents realised that they would not always be able to care for their son in the future and they needed to make plans to ensure that he was properly cared for. Mr B was eligible for Public Funding (Legal Aid) and a Certificate of Public Funding was obtained to cover the cost of the investigation of his claim.

A request was made for disclosure of the obstetric records relating to Mr B's birth. However, the Defendant Hospital advised that all of these records had been lost or destroyed at an earlier stage. Despite extensive enquiries being undertaken, it was impossible to locate the records.

It is often impossible to pursue a claim if the relevant medical records are missing, but despite this enormous difficulty, our expert medical negligence Solicitor was able to find sufficient evidence to persuade a number of independent medical experts to support Mr B's claim.

The Defendant Hospital initially denied liability and it was necessary to commence Court proceedings. However, after the proceedings were served the Defendant Hospital entered into early negotiations with a view to resolving the liability issues and an agreement was reached which compromised the liability issues on the basis of an apportionment of liability of 85:15 in Mr B's favour. This meant that Mr B would recover 85% of the value of his claim as agreed between the parties or awarded by the Court.

As Mr B did not have the mental capacity to manage his own affairs, an Application was made to the Court of Protection and his mother was appointed his Receiver.

As Mr B was a patient of the Court of Protection, it was necessary to obtain the approval of a High Court Judge to the proposed apportionment of liability. At the hearing, the Judge indicated that he was very happy to approve the apportionment which had been agreed.

As soon as the settlement in relation to the liability issues had been approved by the Court, an Interim Payment of Damages in the sum of £500,000 was obtained for Mr B which enabled his parents to purchase an alternative property which could be adapted and extended to properly provide for his long-term needs. It also enabled a Case Manager to be appointed and carers to be employed to take over Mr B's care from his parents who had provided it throughout his life. Thereafter, a detailed investigation was undertaken to value Mr B's claim. This involv£ed the instruction of a large number of experts to advise on different aspects of the claim, such as Mr B's needs for care, aids and appliances and accommodation, as well as his needs for therapies and the provision of technology. A very detailed Schedule of Mr B's losses and expenses was served and following service of a Counter-Schedule by the Defendant, negotiations were undertaken which resulted in a settlement being reached.

It was agreed that Mr B's claim would be valued in the sum of £5,705,000. After making a reduction of 15% to take account of the agreed apportionment of liability, it was agreed that Mr B was entitled to receive a sum of £4,849,250.

At this point, further investigation was undertaken to determine whether it was appropriate for Mr B to receive the agreed damages in the form of a single lump sum payment, or whether he should receive a smaller lump sum payment together with annual periodical payments for the remainder of his life. After a detailed investigation, instructions were received from Mr B's parents to accept the offer to pay a single lump sum payment.

It was again necessary to have the terms of the Agreement approved by the High Court. At the Hearing, the Judge confirmed that he was very happy to approve the Agreement which would undoubtedly provide for Mr B's future.

Clinical Negligence: Allergy To Penicillin

Mr P, Coventry

Our client, Mr P, was suffering from pneumonia and was prescribed amoxicillin by his General Practitioner even though he had a suspected allergy to penicillin. Liability and causation were strongly denied by the General Practitioner on the basis that there was no evidence that Mr P had a penicillin allergy. It was also claimed that the symptoms were a consequence of a pre-existing pneumonia not an allergic reaction to the penicillin.

1stClaims specialist Medical Negligence Solicitor obtained evidence to support our client's Medical Negligence Claim from a General Practitioner, a pharmacologist and a dermatologist.

Mr P's claim was settled for £9,000 which included care and attention from his family, aids, loe and medical expenses.

Clinical Negligence: Failure To Obtain Medical Informed Consent

Mr S, Chippenham, Wiltshire

Mr S was in hospital and underwent an orchidoctomy. However, the hospital failed to obtain medical informed consent and in addition carried out the ochidoctomy unnecessarily. An ultra sound would have revealed that there was no need for the procedure, which was confirmed by the histology.

Initiall Mr S contacted 1stClaims under the belief that his problems were caused by a delay in carrying out an appendix operation. However, on reviewing the medical notes 1stClaims specialist Medical Negligence Solicitor could find no evidence of a delay, but did find in the medical records that the orchidoctomy was uneccessary which led to a successful claim.

Our client received £8,000 compensation for his Medical Negligence Claim.

Clinical Negligence: Ovarian Cyst Burst

Ms D, Leicester

Our client had to undergo emergency open surgery to treat a hemorrhage of an ovarian cyst (burst cyst) that but for the negligence would have been treated laparoscopically. In addition, had the cyst been treated earlier the recovery period and scarring would have been considerably less.

The failure to diagnose the ovarian cyst was involved two separate GP Surgeries, with each one trying the blame the other. Causation of the medical negligence was difficult to prove as the ovarian cyst would have required treatment in any event.

1stClaims Medical Negligence Solicitor included a claim for compensation for our client's increased pain, suffering and recovery period, care and attention whilst recouperating, hotel accommodation for her parents and travel expenses. Ms D received £7,000 compensation

Elderly Care: Sub Standard Care For The Elderly

Our client approached us with some serious concerns about the way their father had been cared for whilst in hospital. They believed the hospital had not put enough attention into his safety and also had not requested any information from the family regarding their mobility. Decisions were made by the hospital without consultation with the family which led to the client's father falling from his hospital bed. This accident would have been prevented had the safety bars been in place on the bed sides. As it was the safety bars were not attached as the hospital staff believed the patient to have no history of falling from bed. Following the accident our client's father experienced a huge drop in confidence and rapidly lost mobility, becoming almost completely unable to walk. The family believed the symptoms to have all been exacerbated by the original fall in hospital.

Failure to Diagnose: Failure To Diagnose Appendicitis

Shockingly a recent client of ours had been misdiagnosed and sent home from hospital with appendicitis. They were in agonising pain and were merely prescribed with painkillers for constipation. Clearly this was unacceptable; such a commonplace condition with well known symptoms in the public realm let alone in medical spheres should not have been missed. This was an obvious case of negligence.

Failure to Diagnose: Failure To Diagnose Chronic Renal Failure

A number of ultrasounds and scans were attended by our client over a number of months. All scans were attended duly by our client, however all doctors involved completely failed to diagnose our client's chronic renal failure. This led to renal failure and our client had to have emergency surgery, surgery which would have been minimised or prevented had the problem been diagnosed in a reasonable length of time. This unfortunate tale involved a mix of failure to diagnose, failure to refer, failure to prescribe and failure to treat. We were shocked at the level of medical negligence involved in the case and proceeded to happily help them make a compensation claim.

Failure to Diagnose: Failure to Diagnose HELLP Syndrome

HELLP syndrome is a complication in childbirth which stems from pre-eclampsia. The syndrome can be extremely serious and can lead to the death of both mother and child. This almost occurred in our client's case. She was discharged by her consultant and both the midwife and the consultant missed the symptoms of HELLP in the patient. Subsequently she almost died during her childbirth.

Failure to Diagnose: Failure To Diagnose Obstetric Cholestasis

Any failure to provide adequate diagnosis in pregnancy is quite clearly extremely worrying. For the father, his partner and child may be in danger, and the mother herself could potentially lose her life in a serious case of misdiagnosis. A recent client came to us with one such complaint. During her pregnancy her doctors failed to diagnose a case of Obstetric Cholestasis. This is a condition in which the bile from the liver builds up in the blood stream. The dangers are still being researched but it has been suggested to be linked to premature births, still-births and serious bleeding from the womb following birth. Naturally we were happy to help.

Failure to Diagnose: GP Fails To Diagnose Pomphylix Eczema

Prescribing Error Medical Negligence Claims

For 5 years this client suffered unneccesarily, due to a misdiagnosis of a condition which could have been cured within a couple of weeks had it been correctly diagnosed on the first visit to the GP. Our client had become increasingly unhappy as their skin condition hadn't improved at all even though they were following their GP's advice, paying for prescriptions and paying for and visiting a foot health specialist regularly for a number of years.

Their initial diagnosis was of pustual psoriasis. When finally referred to a specialist at a hospital due to the persistence of symptoms it transpired the condition was actually pomphylix eczema. For years our client had been using the wrong medication and following faulty advice. When the correct medicine was finally prescribed they were informed it would take approximately a year to cure as opposed to the fortnight it would have taken if it wasn't for the prolonged misdiagnosis.

Failure to Diagnose: GP Repeatedly Fails To Diagnose Cancer

Cancer Misdiagnosis Claims

Here at First Claims we take misdiagnosis seriously as we understand how life changing it can be. One of our clients came to us with a particularly shocking story which we deemed totally unacceptable. The client had just lost a family member due to a serious case of cancer misdiagnosis. Their elderly relative had repeatedly been to the GP with a number illnesses and symptoms. He was in a state of seriously deteriorating health and was in a lot of pain but the GP did not refer him to a hospital and repeatedly sent him away after misdiagnosing his symptoms as caused by much more minor ailments. Finally the family took him the hospital themselves as they were seriously concerned about him. He was diagnosed with terminal cancer and sadly passed away less than a month after this extremely late diagnosis. Rightly so the family contacted 1stClaims as they believed the GP's consistent misdiagnosis played a large part in severity of their relative's cancer. They felt cheated, they felt he could have still been with them had the GP not been so negligent. We helped them get the compensation they deserved.

Failure to Diagnose: Seizures Following A Car Accident

Failure To Diagnose Medical Negligence Claims

Our client contacted us after experiencing 4 seizures following a high speed collision in a car. They, quite rightly, had issues with the way the NHS dealt with the situation. The first seizure was experienced in hospital, yet there was no scan initiated by any of the medics on duty, nor was our client kept in for observation. Three further seizures occurred once the client returned home. To add to this already worrying series of events the doctors also completely failed to diagnose a spinal lumbar fracture which could have lead to devastating effects for our client. The fracture was actually diagnosed over a month after the accident had occurred.

Hip Surgery: Trainee Surgeon Performs Hip Surgery

Surgical Negligence Claims

Following a hip operation a client contacted us as they were in serious pain approximately 4 months after the operation had occurred. The operation had been performed by a less qualified surgeon than they had expected. They also had not agreed for the trainee surgeon to perform the surgery as opposed to the fully qualified surgeon they were expecting. We gave them legal advice regarding their compensation claim.

Hysterectomy: Hysterectomy Complications

Ms J, Essex

Ms J had undergone a radical hysterectomy in 2004. She was then negligently prescribed Homrone Replacement Treatment by her doctor who should have known that it was not suitable for women who have undergone a hysterectomy. Our took the HRT for three weeks whcih caused heavy post vaginal bleeding and stomach cramps for one week.

Our expert medical negligence solicitor sent a letter of claim to our client's general practitionersent (GP). Liability was eventually conceded by the insurers acting for the GP. Our solicitor then entered into negotiations for settlement of Ms J's claim. Initially the first offer received was for £250. Following a review of other similar cases a settlement was negotiated for £1,200.

Prescribing Errors: Hepatitis B Vaccination Prescribing Error

Our client contacted us to put in a medical negligence claim for both their young children. The children were both receiving a Hepatitis B vaccination from their GP surgery. Both children were administered with a full adult vaccination dose as opposed to the half dose which is intended for children. Obviously this was very concerning for our client. 1stClaims looked into the error as it was not initially known whether the error was the fault of the GP, the pharmacist or the nurse who administered the injections.

Have You Been The Victim Of Medical Negligence?

We understand that if you are on our website you may well be confused: confused about the treatment you have received (or lack of it) and confused about your options. This is why we offer you a free, no obligation discussion with one of our medical negligence solicitors. Simply call us on 0800 2888 693 (from a mobile click to call: 01348 630 720) or complete our Medical Negligence enquiry form to be advised of your options.

Remember, all initial enquiries are completely free of charge and the solicitor will investigate all funding options for you.


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