Background
Amy Anderson, a senior associate in our medical negligence team, recently secured a £550,000 out-of-court settlement for Mr E, who underwent an avoidable above-knee amputation due to negligent hospital care.
The case involved allegations of negligence against Epsom and St Helier University Hospitals NHS Trust (‘Trust 1’) and Royal Marsden NHS Foundation Trust (‘Trust 2’). Whilst Trust 1 denied liability, Trust 2 made an admission that Mr E had received negligent care, resulting in otherwise avoidable injury. The settlement was agreed following negotiations with solicitors acting for both Trusts.
Claim against Trust 1 – delayed diagnosis
Mr E had been referred by his GP to St Helier Hospital under the ‘two-week wait’ pathway due to symptoms suggestive of lower gastrointestinal cancer. Despite this urgent referral, there was an alleged failure by Trust 1 to properly investigate his symptoms. As a result, Mr E alleged his rectal cancer diagnosis was delayed by approximately one year.
By the time the cancer was identified, it had progressed significantly, such that radical surgery in the form of a total pelvic exenteration was required and Mr E was referred to the Royal Marsden Hospital for definitive treatment.
Claim against Trust 2 – negligent post-operative care
Mr E underwent total pelvic exenteration surgery at The Royal Marsden Hospital, together with an emergency splenectomy and ligation of a right internal iliac artery aneurysm.
One day after surgery, signs of lower limb ischaemia were present. However, clinicians at Trust 2 failed to conduct a Doppler ultrasound examination and missed the opportunity to make an emergency referral to the vascular team. As a result, the finite window for limb-saving intervention was missed. Mr E suffered irreversible ischaemic damage, and this led to him requiring a right above-knee amputation.
The impact on Mr E’s life
The injuries suffered by Mr E as a result of the hospital failings have been life-changing. It was important in the compensation claim that followed to ensure that Mr E’s future care needs would be catered for given the profoundly disabling effect of his amputation.
In addition to seeking compensation for his care needs, Mr E claimed damages for specialist aids and equipment; assistance with DIY; travel expenses; and adjustments to his accommodation. Prosthetic costs were limited as Mr E did not wish to proceed with equipment trialled on a private basis.
Settlement
The case concluded through negotiations with the Trusts’ solicitors before the need to formally start the case in Court. The parties agreed a gross settlement of £550,000, with Mr E’s reasonable legal costs being paid by the NHS in addition to his compensation.
The service that I received was excellent and I was kept informed of progress throughout. Advice and options available to me were fully explained and always acted on expediently. I would gladly recommend Russell-Cooke to anyone who found themselves a victim of medical negligence.
Securing compensation for injuries caused by negligence in cases such as this is vitally important. Not only does it enable clients to move forward with financial security, knowing their needs will be met, but it also acknowledges they were badly let down by those treating them. At the time of admitting liability in Mr E’s case, Trust 2 expressed its deep apologies for the mistakes made.
Specialist support for surgical error claims
A surgical mistake can change you or a loved one's life. Amy Anderson, senior associate in our medical negligence team, helps families secure answers, treatment funding and compensation.
Get in touch
If you would like to speak with a member of the team you can contact our family and children solicitors by telephone on +44 (0)20 3826 7520 or complete our enquiry form.
