Compensation for medical negligence in a sepsis case

A series of medical mistakes at the Royal Oldham Hospital led to a £25,000 out of court settlement for our client after she developed sepsis when a hospital procedure led to duodenal perforation.

Endoscopic Retrograde CholangioPancreatography procedure

In this case our client was admitted to hospital after vomiting blood.  She had an ultrasound and an ERCP (Endoscopic Retrograde CholangioPancreatography) procedure was carried out with stenting undertaken to treat any biliary obstructions.

ERCP is used to diagnose and treat problems with the bile ducts and pancreas. It involves using a thin, flexible tube with a camera and light to visualize and, if necessary, treat the issue.  Guidelines state any stenting should be removed within a mandatory three month period.

Our client trusted the hospital to care for her and was discharged with a follow up plan. She was discharged from gastroenterology without treatment for gallstone disease or any planned procedures.

Several months later the stents were removed and the ERCP procedure was repeated, she also underwent a balloon sphincteroplasty and her condition deteriorated post operation.  She experienced vomiting and pain and her condition worsened.

Acute kidney injury and Sepsis

Acute kidney injury was noted and a follow up CT scan indicated a perforation, she was transferred to ICU with multi-organ failure and sepsis and her family were told she might not survive.

Despite all this our client pulled through, she needed intensive care for a period of time and was only allowed home with care from community nurses and physiotherapists.  Prior to this incident she was an active person, a keen walker and swimmer and has been unable to retain her previous activity levels.

“The life of this lovely lady has been severely affected by such substandard care at the Royal Oldham that the settlement reached will hopefully enable her to buy the medical aid and the care she will need moving forward,” said Solicitor and Head of Medical Negligence, Jacqueline White.

“There was a severe breach in duty of care in this case; the hospital should have removed the biliary stent earlier, they caused the perforation during the sphincteroplasy, her stones were not removed properly, there was lack of senior review of her case, delays in her treatment and the antibiotics were not administered soon enough and this contributed to the development of sepsis,” said Jacqueline.

In this case the Northern Care Alliance NHS Foundation Trust made an out of court settlement.

“In most cases operations are usually successful, however in our experience when it goes wrong through medical negligence there are often a series of issues to deal with and already poorly people have ongoing conditions which can have financial or life altering implications and that is where the compensation comes in,” said Jacqueline White.

Medical negligence claims against the NHS

“It is sometimes not always easy launching a case against the NHS, they do such great work that clients sometimes say it feel wrong to pursue a case against them.  However, lessons are hopefully learnt from every case that does go wrong and more often than not the compensation is not a punishment, more of a financial cushion for clients to help rebuild their lives,” added Jacqueline.

In every medical negligence case there are five things that need to be considerd:

1. Establishing a Duty of Care:
   All healthcare providers, including doctors, nurses, and surgeons, have a legal duty of care to their patients. This duty means they must act with reasonable skill and care, avoiding actions that could cause harm.
2. Breach of Duty (Negligence):
   Negligence occurs when a healthcare provider fails to meet the standard of care expected of them in a similar situation.
3. Causation:
   The patient must prove that the negligence directly caused or worsened their condition and any resulting harm. This requires establishing a clear link between the negligent act or omission and the injury.
4. Harm:
   The patient must demonstrate that they suffered significant harm as a result of the negligence.Examples of harm include:
   • Physical pain and suffering: Pain from the perforation, as was the case here and any other complications.
   • Emotional distress: Anxiety, fear, and psychological impact.
   • Additional medical expenses: Cost of treatment for the perforation and its complications.
   • Loss of income: Inability to work due to the injury and its recovery.
5. Compensation:
   If a patient successfully proves all the elements of a medical negligence claim, they may be entitled to compensation for their injuries and losses.This compensation can include:
   • Medical expenses: Costs of treatment, medication, and rehabilitation.
   • Lost income: Compensation for earnings lost due to the injury.
   • Pain and suffering: Compensation for physical pain, emotional distress, and other non-economic losses, as was the case here our client was unable to return to her previous active lifestyle.

How can we help?

If you need advice on how to pursue a medical negligence case, or to find out if you have a case to answer and how medical negligence cases can be funded call us on 0161 785 3500 or enquiries@pearsonlegal.co.uk

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.