Tag Archives: clinical negligence

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Field Fisher Waterhouse Wins Compensation For Repeatedly Failed Cancer Patient

Law firm, Field Fisher Waterhouse LLP has won substantial compensation for Mrs X, a 71 year old from Chingford in London, now living in Brighton, who developed myeloma, a form of cancer affecting the bone marrow, after she repeatedly sought health specialists’ help but was not given appropriate treatment.

Mrs X will receive £400,000 as compensation following her medical negligence claim, after it was agreed that her GP should have referred her to hospital more quickly and the hospital should have taken swifter measures to treat her. The compensation will cover all of the costs that Mrs X has incurred to date together with the recommendations for future care.

Mrs X had experienced serious upper back pain since 2002 and had contacted her GP to investigate the problem. He conducted an erythrocyte sedimentation rate (ESR) test and, despite abnormal readings, failed to recommend any investigations into the cause of the readings. Mrs X’s situation worsened prior to a further ESR test being conducted in August 2003, revealing deteriorating results. Despite this, the GP failed to refer her for further assessments, instead assessing her ongoing symptoms as osteoarthritis, which would not cause an abnormal ESR reading.

Progressively, Mrs X lost useful function of her left arm and experienced paraesthesia in her lower limbs before her GP referred her for a non-urgent MRI scan.

In the meantime, Mrs X’s symptoms continued to deteriorate, leading her to refer herself to Whipps Cross Hospital in Leytonstone where she was seen by a junior doctor who failed to ask for a senior review or request an MRI scan. Prior to review by senior staff, Mrs X suffered a pathological fracture to her left arm and reduced sensation in both her legs.

Following senior review four days after admission, Mrs X was transferred to St Bartholomews Hospital in London where she was finally diagnosed as suffering from myeloma at which point she started to undergo radiotherapy and chemotherapy treatment.

The defendants, Mrs X’s GP and Whipps Cross Hospital initially denied liability, however when expert evidence on breach of duty and causation was due to be exchanged, both defendants admitted liability and judgement was entered for the claimant against both defendants.

Following exchange of further evidence on condition and prognosis from experts in the fields of oncology, neurosurgery, care, physiotherapy and occupational therapy, the personal injury claim settled for the sum of £400,000, ten days before the trial was due to begin.

Mark Bowman, clinical negligence lawyer at Field Fisher Waterhouse instructed by Mrs X to represent her said: “This was a particularly tricky case, involving experts from a number of disciplines and more than one defendant. I am very happy with the outcome. I am glad that Mrs X will now receive the compensation that she deserves and will be able to rest assured that her needs will be met for the rest of her life.”

 

About Field Fisher Waterhouse
Field Fisher Waterhouse LLP is a full service European law firm with offices in Brussels, Hamburg, Paris, London and Manchester and exclusive relationships with Spanish firm Jiménez de Parga and Italian firm, La Scala. The firm has over 120 partners, 220 other lawyers and nearly 300 support staff. FFW assists a wide range of international clients, advising across the full range of legal issues.

The firm’s main areas of practice are corporate and commercial, IP and technology, banking and finance, regulatory and real estate. FFW also has particular expertise in employment & pensions, dispute resolution, tax and competition & EU law, clinical negligence, spinal injury and brain injury claims.

The international client base includes listed and unlisted companies, multinationals, banks and other financial institutions, professional partnerships, trade associations and Government departments. A distinctive feature of the firm is its industry focus, acknowledged as leading experts in the public sector, technology and media sectors.

Via EPR Network
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Russell Jones and Walker report NHS patient left scarred after incorrect diagnosis

Russell, Jones and Walker, a leading UK firm of solicitors, has reported that a mother of two, who was left with multiple scars following surgery after being incorrectly diagnosed with skin cancer, has been awarded £15,000 in compensation.

Kate Andreou, 28 from Harlow in Essex, was referred to the Democracy Department of Princess Alexandra Hospital NHS Trust after expressing concerns regarding a mole on her shin. Following an examination the mole was duly removed for further investigation on the advice of her doctor.

Following the removal and examination of the mole, Mrs Andreou was diagnosed with Malignant Melanoma in July 2007 and was subsequently referred to the Department of Plastic Surgery at Mid-Essex Hospital NHS Trust. Mrs Andreou was advised to have a further six moles removed from her leg, chest, arm and back – surgery she was told was necessary. She underwent the operation in September 2007.

The news of the diagnosis came as a double blow to Mrs Andreou who had just been informed that her grandmother was terminally ill with cancer. Believing that she had skin cancer, Mrs Andreou went through the trauma of informing her family of the diagnosis and advised them that they too would need to be checked for cancer. However, it later emerged that the diagnosis was incorrect and that her pathology report was not finalised and subject to further review from Guys and St Thomas’ Hospital.

James Bell, solicitor from Russell, Jones and Walker said: “Had Mrs Andreou known that her pathology slide was under review, she would not have proceeded with the excision of the six other moles until a definite diagnosis of Malignant Melanoma.

“The incorrect diagnosis of the mole as a melanoma represents an unacceptable error which breached the duty of care to Mrs Andreou.

“Not only has Mrs Andreou experienced entirely unacceptable treatment from the NHS, but her entire extended family has also undergone unnecessary trauma after being advised to be tested for skin cancer.”

Mrs Anreou said: “The past year has been very difficult for me, my children and the rest of my family. Not only were we all going through tough times with my terminally ill grandmother, but we then had to face up to the fact that I too had cancer and would require treatment.

“The surgery that I had to remove seven moles left me with red scars, making me very self conscious about exposing my arms and legs. The scars have now faded but the whole experience will stay with me for a very long time.”

About Russell Jones & Walker:
Russell, Jones & Walker employs over 360 staff (over 160 lawyers) and is renowned as the leading national firm of solicitors in protecting the rights and legal interest of individuals and those who represent them. RJ&W has a network of regional offices and includes those in the following centres: London, Birmingham, Bristol, Wakefield, Manchester, Newcastle, Sheffield, Cardiff and Edinburgh.

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Field Fisher Waterhouse Wins Substantial Compensation For Premature Girl Left With Brain Damage Following Dextrose Overdose

Law firm, Field Fisher Waterhouse LLP has won substantial compensation for Romy Smith, a seven year old girl who was given an excessive dose of dextrose shortly after birth and suffered severe and permanent brain damage as a result. Romy will receive damages that could add up to more than £10 million over her lifetime.

Romy Smith was born prematurely at 29 weeks in 2001 at the Ipswich General Hospital and was transferred to the Lister Hospital in Stevenage, where she was given a “grossly excessive dose” of the sugar dextrose. This resulted in perfusion brain injury, which caused severe learning difficulties and autism. Romy’s communication and social skills are very limited, she needs constant care and will remain totally dependent on carers for the rest of her life.

Romy, however, has a special talent for music, which is her primary means of enjoyment. In addition to her care, the payment will also cover the cost of music therapy.

The East and North Herfordshire NHS Trust, which had previously admitted liability, will pay Romy an initial sum of £2.36 million and a series of index-linked “periodical payments” to cover Romy’s lifetime care expenses.

Paul McNeil, clinical negligence partner at Field Fisher Waterhouse, was instructed by Romy’s mother to represent her in the claim.

After the case, Romy’s parents, Sally and Tim Smith said: “We are absolutely delighted at the settlement that Paul McNeil has secured for our daughter. Throughout the whole time that Paul has worked with us, we have found him to be very caring, extremely skilled and highly organised. He has kept our family’s best interests at heart at all times and has always answered any concerns we may have had calmly, quickly and efficiently. We are enormously grateful to him for the way in which he conducted our case and we cannot praise him enough. We would not hesitate in recommending him to anyone.”

Paul McNeil, clinical negligence partner at Field Fisher Waterhouse said: “Although nothing can be done to undo the mistake made in the special care baby unit, there is a lot that can be done to maximise Romy’s potential. The payments guaranteed to Romy will ensure her needs are covered for life. Those close to Romy were delighted that the judge supported the need to have access to music therapy.”

Claim number HQ06X01206

About Field Fisher Waterhouse

Field Fisher Waterhouse LLP is a full-service European law firm with offices in Brussels, Hamburg and London. With 119 partners, over 200 other lawyers and nearly 300 support staff, FFW assist a wide range of international clients, advising across a full range of legal issues.

The main areas of practice are corporate and commercial, IP and technology, banking and finance, regulatory and real estate. Field Fisher Waterhouse LLP also have particular expertise in competition & EU law, dispute resolution, employment, asbestos claims,personal injury, brain damage cases, clinical negligence, public sector and tax.

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An update by Russell Jones & Walker on severe skin reactions caused by leather sofas sold by several leading high street retailers

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Following a recent BBC Watchdog expose of severe skin reactions caused by leather sofas sold by several leading high street retailers, Russell Jones & Walker announces update.

Back in February, the BBC’s Watchdog programme exposed a story about leather sofas, sold by a number of leading high street retailers, which had caused severe skin reactions in some people. The Chinese manufactured sofas, the majority of which were purchased from Land of Leather, Argos and Walmsleys, were thought to contain a chemical which was causing extreme allergic reactions in some people, including rashes and blistering that resulted in hospitalisation for some.

Watchdog reported on 12 May 2008 that, in conjunction with Russell Jones & Walker (RJW), it has since discovered that the cause of these ‘sofa burns’ is Di-methyl Fumarate (DMF), a chemical known to cause skin irritation. This fungicide is contained within a sachet which is placed inside the sofas in order to protect against mould during storage, transit and everyday usage. Argos’ independent investigations have also now confirmed these results.

A team of Solicitors led by Richard Langton and Christian Shotton of RJW is currently representing injury claims on behalf of more than 500 people who have suffered due to the affected sofas, and this number is continuing to grow. Around 1000 individuals are now launching a group action in the high court to sue the retailers who sold the sofas for damages.

The majority of the sofas have now been recalled, but a list of known affected sofa batch numbers has been compiled on the RJW Solicitors site in order to enable worried consumers to check whether their sofa might be one of those affected.

In light of the ongoing problem, RJW Solicitors has also advised that anyone who has experienced similar skin problems, even if their sofa’s batch number does not appear in the list, should still contact the retailer where they originally purchased the sofa from.

About Russell Jones & Walker
Russell Jones & Walker is a leading national firm of solicitors dedicated to upholding the legal rights of individuals. From the firms foundation in the 1920s the focus has and continues to be, people and those who represent them.

The firm has grown from its trade union roots into a respected national organisation with nine offices across England and Wales, and an associated office in Scotland.

The reputation of Russell Jones & Walker is built on the range of expertise offered by its partners and staff and on the scope of their practical experience.

RJW Solicitors represents clients across a range of areas from personal injury work to commercial and criminal litigation; from employment to defamation and reputation management; and from clinical negligence to family law.

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