Our committed medical negligence solicitor, Usha Nayee, recently helped client Laura* through an emotionally challenging journey following the tragic loss of her husband Daniel*. After a five-year medical negligence claim, Laura was awarded £620,000 in compensation.
This settlement not only acknowledges the profound loss both she and her family have suffered and helps Laura honour Daniel’s memory, but it also reinforces our commitment to ensuring that such tragedies are less likely to happen in the future. It highlights how we stand by our clients in some of their darkest moments, too – offering empathy and emotional support as well as legal expertise.
In this piece, we detail the intricacies of the case.
A heart-wrenching situation
Daniel was experiencing epigastric pain and was taken by ambulance to his local hospital. An A&E doctor told him that his abdomen was soft, moved with respiration, and had epigastric tenderness, but that his bowel sounded normal. However, the ambulance notes did not match this – they stated his abdomen was rigid to touch and that he had global abdominal pain. He had required gas and air to help with the discomfort.
A chest and abdominal x-ray showed air under the diaphragm, but the examining doctor didn’t recognise this. Blood tests displayed a neutrophilic raised white blood cell count, too – yet despite these alarming symptoms, Daniel was diagnosed with and treated for gastritis before being sent home.
The next day Daniel went back to the same A&E. He was in a critical condition having suffered septic shock. He had an unrecordable blood pressure and a distended abdomen and was also acidotic. He was rushed into theatre, but unfortunately it was too late. Daniel passed away after the emergency surgery revealed a large duodenal perforation.
What constitutes a medical negligence claim?
Before we explore the claims process, it’s important to get to grips with what a medical negligence claim is. There are four key factors:
- Duty – where the healthcare provider had a duty of care towards the patient
- Breach – where this duty was breached due to negligence
- Causation – where harm was caused
- Damages – where this harm led to specific damages
There are a wide range of types of medical negligence, too – such as surgical errors, childbirth injuries, medication errors, misdiagnoses, and failure to treat. The latter two were part of this particular case.
Medical negligence cases involve substantial evidence, including expert testimony, which makes them one of the most challenging and complex types of legal claim. While we succeeded with this specific case, the success rates and compensation amounts can vary considerably depending on several factors, including the severity of harm and the clarity of medical errors.
The medical negligence claim
The hospital promptly recognised Daniel’s case as a serious incident, with a duty of candour completed the day after his death and an instant escalation. It was alleged that there was a breach of duty by the A&E doctor as there were numerous signs that Daniel was seriously ill on his first visit. These included:
- Tachycardia (a fast heart beat)
- Tachypnoea (rapid and shallow breathing)
- Raised blood pressure
- Rigid abdomen
- Raised white blood cell count
- Abnormal chest x-ray with air under the diaphragm
These symptoms would typically mean an immediate referral to on-call surgeons for a suspected perforated viscus (also known as an intestinal or bowel perforation), further examination, and likely surgery. As this didn’t happen and it appeared Daniel’s death had been caused by medical negligence, Laura sought out solicitors to help her gain justice.
A team that listens and understands
The loss of a loved one is always devastating. When medical negligence appears to have contributed to that loss, however, the pain can be overwhelming. We recognised the profound grief that Laura was experiencing and approached this case with the utmost sensitivity.
Understanding Laura’s needs was our first priority. A Polish speaker, Laura had appointed us as her solicitors for our multilingual capabilities and the fact that we could provide an interpreter throughout the legal process. This gave her the reassurance that she’d be able to express any feelings or concerns to Usha and her assistant without delay.
This team, together with a medically trained barrister, ensured the most comprehensive and empathetic support possible.
Empathy every step of the way
We knew that Laura was grieving, and we respected her need for time and space. Usha sent a letter translated into Polish explaining her involvement in the claim but was gentle and patient, reiterating that Laura could get in touch whenever she was ready.
This remained the case when she contacted Usha three weeks after Daniel’s funeral and we began gathering the necessary documentation – Laura was always allowed to go at her own pace. Our goal was never to rush or pressure Laura, but to be a steady and supportive presence along her journey.
Our communication methods adapted to suit Laura’s level of comfort, too, as we shifted from video to audio calls when we sensed it would make it easier.
Gaining justice
The case took five years to reach a resolution, with delays relating to the inquest. Almost any fatality involving unnatural causes requires an inquest – not to attach blame, but rather to identify how someone died. When the cause of death was finally established, it was found to be multiple organ failure, peritonitis, and a perforated duodenal ulcer.
Despite these delays, it was actually quite a straightforward case. The hospital’s own investigation and preparation of a Serious Incident Investigation Report (SIIR) supported our claim of medical negligence. The SIIR concluded that, had Daniel’s chest x-ray been reported and had he received suitable treatment on his first A&E visit, he would have likely made a full recovery. This acknowledgment was crucial in achieving justice for Daniel and some sense of closure for Laura.
Ultimately, Laura received £620,000 in compensation. While this can never replace her husband, we hope it goes some way towards enabling her to move forward in life and honour Daniel’s memory.
The wider impact of this case
This medical negligence claim isn’t only about Laura and Daniel’s case. It’s about helping to avoid future mistakes by showing how Daniel’s patient management was handled and how this didn’t adhere to the trust policy and guidelines. This will help to prevent similar negligence cases.
Daniel’s symptoms should have been discussed with a senior emergency doctor, or he should have been referred to or admitted to an appropriate speciality team. Had this happened, he would have received the correct diagnosis and treatment and still be with us today. As this claim has been proved, the specific medical provider – and other providers within the NHS – can recognise the failings and work to prevent this type of mistake happening again to anyone else.
Optimal Solicitors are here for you in times of need
If you or a loved one have been a victim of medical negligence, know that you’re not alone. Just as we did for Laura, we’ll treat your case with sensitivity and care, ensuring you feel heard, respected, and gain the justice you deserve.
Our personal injury solicitors will do everything it takes to achieve the optimal result. Get in touch when you’re ready to start your claim and find a path forward.
*Names have been changed to protect anonymity
