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Tragedy Following Hospital Delays

Bridge McFarland’s Danielle Barney won £37,500 in compensation for the family of a man who died as a result of medical negligence due to errors in his treatment, namely complications directly arising from the late diagnosis of a perforated appendix.

Hospital Delays
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Our client was just 35, and guardian of his 17 year old nephew. He was admitted to hospital in September 2011 with a burst appendix. Delays in diagnosis meant that the surgery he required to save his life was also delayed. For four days he was left suffering in a hospital bed until the operation was finally performed, by which time he was unable to survive.

At an inquest evidence was given to show that our client received an “inadequate” clinical assessment and prescribed an “inappropriate” antibiotic, with nurses not communicating to senior medical staff their concerns of how serious his condition was. The inquest led to the beginning of the legal case by the family with Bridge McFarland LLP acting on their behalf.

Danielle Barney, Partner at Bridge McFarland LLP, said: “The NHS Foundation Trust admitted liability, but financial claims were limited because Mr Cuthbert was a single man. More importantly for the Cuthbert family however, was the explanation they received about the circumstances of Garfield’s death and the lessons learned as a result. I hope that they can move forward more positively with their lives.”

As a result, the family was awarded £37,500 in compensation, and the Trust were quick to apply changes to improve procedures, including extra staff training in identifying the seriousness of patient conditions and how to communicate this to senior medical staff.

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Danielle Barney
Partner

T: 01472 311 711

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FAQs
Can I make a medical negligence claim on behalf of someone who has died?
Yes. Only, if you are the spouse of the Deceased or Executor of the Estate.
How can I find out if medical treatment was negligent?
During the investigations of your clinical negligence claim we will be required to obtain disclosure of all relevant medical records - both hospital and GP - in the manner set out in the pre-action protocols. Once all of the relevant medical records have been received they will be considered on a preliminary basis. They will then be sent to an independent expert nurse who will index and paginate the records to ensure that they are in some semblance of order.

 

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