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  • Overview

    The clinical negligence team demonstrated their expertise when they recently recovered damages for the oldest ever patient to sue to the NHS; a lady who suffered a variety of complications following a failure by a hospital A&E department to assess her properly or to advise her residential home properly prior to discharging her back to her residential home with a fractured pubic ramus after a fall. There were also a number of other issues regarding subsequent treatment after she was eventually readmitted. The case settled for £35,000 plus legal costs.

    Jonathan Herbert acted for Mrs Eaton suffered injury when she fell on 6 February 2007.  She was taken to hospital but after diagnosing her injury, she was discharged back to her home.  Mrs Eaton’s condition deteriorated and she was eventually readmitted back to hospital on 12 February 2007 when she was kept in.  Unfortunately, her condition deteriorated yet further and when assessed by her residential home, they concluded that she was no longer suitable for residency there meaning that more expensive nursing home accommodation was required.

    Mrs Eaton’s daughter complained that the A&E department of the hospital should have given her mother strong analgesia first and then performed an assessment as to whether she could bear weight, and, if she could not, she should have been kept in and put on a rehabilitation programme.  Mrs Eaton’s daughter also complained that no or no proper assessment as to whether her residential home was an appropriate place for her to be discharged to if she was not able to bear weight was undertaken by the A&E department.  Neither the residential home nor Mrs Eaton’s daughter nor Mrs Eaton’s GP were given any practical advice as to how she was to be managed.  The advice should have been to encourage Mrs Eaton to mobilise gently in order to ensure that her muscles did not seize up and result in permanent disability.  The A&E department of the hospital ought to have advised that if Mrs Eaton became immobile and in pain that she ought to return to the hospital, but no such advice was given.  If the hospital had given proper advice, then Mrs Eaton’s GP would have known to send her back to hospital.

    A number of suspected prescription errors served to worsen Mrs Eaton’s condition generally

     

    When back in hospital, it was alleged that there were prescription errors which contributed to Mrs Eaton’s increasing and debilitating confusion.  While in hospital, Mrs Eaton developed pressure sores.  Mrs Eaton was discharged from hospital on 17 April 2007.

    Mrs Eaton’s mother instructed Jonathan Herbert to pursue a medical negligence claim against the hospital.  Settlement was reached shortly before trial and approved by the court for £35,000 plus legal costs.

    Jonathan Herbert specialises in medical negligence cases.  If you would like to ask Jonathan a question about a potential case involving failures to manage patients satisfactorily or you have a general query about medical negligence contact him on 01892 701226 in confidence.

  • Related Services

    Clinical Negligence Compensation Claims

    We have one of the most well-established and experienced clinical negligence teams in the country. Our clinical negligence lawyers have a reputation for winning complex medical negligence cases and we have helped thousands of people claim compensation.   

    Orthopaedic & spinal injury claims

    Orthopaedic and spinal injury claims are complex. We have a long history of dealing with compensation claims resulting from medical negligence during spinal surgery or other orthopaedic treatment. Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

    Accident & emergency claims

    Our clinical negligence team has long experience in dealing with compensation claims arising from negligence or errors made by the Accident and Emergency (A&E) department. Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

    Care of the elderly claims

    Clinical negligence investigations into the poor care of elderly patients in hospitals and care homes are sadly becoming more common. Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

    Claims for general medical problems

    Clinical negligence claims are often highly complex. If you have suffered as a result of negligence at a hospital or GP surgery, our specialist clinical negligence solicitors will investigate your medical negligence claim thoroughly and independently. Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

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Jargon Buster