Compensation as result of hospital's fundamental mistakes

Clinical Negligence case report: £16,000 awarded as result of hospital's "fundamental mistakes" in patient care

This case was brought against the hospital by the children of the deceased. The action arose after the death of their mother, following a cardiac arrest in the ambulance on route to the local hospital.

The children were aged 19 and 17 at the date of their mother's death. Their mother was unmarried and not working at the time of her death and aged 40.

Their mother had undergone a laparotomy following diagnosis of a subphrenic abscess. During surgery she was found to have peritonitis. She was discharged home a few weeks after surgery. Six weeks later she began to suffer severe abdominal pain and she was taken by ambulance to the same hospital's Accident and Emergency Department.

Despite the recent history of previous surgery, the focus of the hospital's investigations was on the possibility of a kidney stone. She was sent home on antibiotics and painkillers and advised that they thought she had passed a kidney stone(s).

The previous significant medical history of intra-abdominal sepsis was not taken into account. Over the next 10 days, she continued to suffer severe abdominal pain and there was no improvement in her condition. Ten days after her discharge, an ambulance was called again to take her back to the Accident and Emergency Department, but she sadly died in the ambulance before she arrived at the hospital.

After their mother's death her children wrote a letter of complaint to the hospital. At a meeting with the hospital it was admitted that "fundamental mistakes" were made with regard to the care of their mother.

We were instructed 2 years after the death and we invited the hospital to make an immediate admission of liability. A letter formally admitting liability was received a few months later. A letter was sent to the hospital making an offer to settle the claim less than a year after we were instructed.

On behalf of the mother's estate a claim was made for her pain and suffering and loss of expectation of life. This was realistically valued at £5,000.00. Funeral expenses were claimed in the sum of £1,200.00 plus the costs associated with a memorial stone were claimed in the sum of £1,000.00. A claim was made for the additional care that the deceased required for the 11 days post discharge and up to her death.

A claim was also made for the loss of mother's services. Both the children were no longer in full-time education and lived with their mother before her death. It was accepted that they were both approaching adulthood but a claim was made because it was argued that a mother's services still continue past the age of 18.

An award of £1,500.00 for each daughter was claimed. This would have been much higher had the children been younger. There was no financial dependency. The children claimed damages for minor to moderate psychological injury. They had been particularly traumatised by seeing the condition of their dead mother at the hospital. Both had suffered depression mostly resolved at time of settlement. An award of £3,125.00 was claimed on behalf of each child.

The matter settled for £16,000.00 of which approximately £5,000.00 represented a sum for the mother's pain and suffering, £6,250.00 for the psychological injury of the children, £3,000.00 for loss of mother's services. The balance represented costs of the funeral expenses, memorial stone, care and flowers.

At our specific request, the Trust apologised to the family in writing following the settlement.

Jacqui Hayat
Hodge Jones Allen

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