Janice Gardner, partner in the personal injury and clinical negligence team, successfully represented Mr Macaulay in his claim for compensation after he lost a leg, fingers and toes due to a flesh-eating bug.
The claim arose from the Mayday Hospital’s failure to take blood tests which would have diagnosed a serious underlying infection; because of the delay Mr Macaulay went on to develop the flesh eating bug - necrotising fasciitis. He also suffered septic shock which meant necessary amputation of his left lower leg, part of his right foot and all of his toes, right fingers and thumb.
The case was argued in the High Court over a period of 10 days with 12 different doctors offering expert opinion. Mr Justice Foskett ruled that the hospital was negligent for failing to carry out routine blood tests which would have diagnosed the infection.
The amount of compensation is yet to be decided. Janice commented, “This was a systems failure case, blood tests were requested on two occasions but not carried out and Mr Macaulay slipped through the net with devastating consequences."
The hospital has advised that they are planning to ask the Court of Appeal for permission to appeal the decision.