Clinical Negligence

Clinical Negligence Case Examples

These case examples are not intended to show how successful we are, but intended to give an example of cases that are worth investigating and, more to the point, cases that are not worth investigating.

Example 1

42 year old with long standing problems with her right eye.  She is told that this was caused by forceps at time of birth.

If this is the first time that the client has been told, then the claim would not be time barred and we would support an investigation.

Example 2

Elderly widower calls out GP on a Saturday, feeling generally unwell.  GP prescribes painkillers.  Problem persists and GP is called out again on the Monday.  The GP advises him to continue with the painkillers.  The condition deteriorates and on Tuesday he is admitted to hospital.  On Wednesday he dies.  Pneumococcal meningitis is given as the cause of death.

On the face of it this is a serious case.  However, the fact that the victim is an elderly widower means that the case has a low value, and generally the advice would be that the claim is not valuable enough to warrant funding an investigation.

Example 3

Man receives the wrong medication from a chemist.  However, he realises the error before taking it.  He feels he should be compensated for what might have happened had he taken it.

Although there is negligence, there is no loss here.  There is no basis for compensating people for what might have happened.

Example 4

Patient’s asthma medication was changed by her GP.  As a result she was sectioned under the Mental Health Act.

Park Woodfine Heald Mellows do not undertake psychiatric cases where there is no physical injury.

Example 5

Man has a motor cycle accident and broke his leg just over 3 years ago.  It was operated on with metal plates being put in.  The metal plate broke, which resulted in the plate being removed.  4 months later a bone graft took place and about a year later his fibula broke due to the pressure it was under.

The first thing to look at here is whether the motor cycle accident was caused by someone else.  If it is all the ongoing problems are compensatable by the other driver (and that is whether or not there is clinical negligence).  If the accident was the motor cyclist’s fault then we would recommend investigation.  On the face of it there are concerns as to why the plate broke and why the fibula broke.  There might be problems ultimately with value.

Example 6

Woman goes into hospital with suspected meningitis.  After 3 attempts at lumbar puncture over a 24 hour period, the previously fit woman is wheelchair bound.  The evidence suggests that this is due to the lumbar puncture attempts rather than the meningitis.

If the evidence is correct, this is a case that is worth investigating.

Example 7

A man has a road traffic accident 34 years ago, breaking his tibia and fibula.  Many, many operations ensue.  Some long standing problem is then found.

A case where there have been many operations and investigations is unlikely to have a significant breach of duty that is worth anything of any value.  Generally, these cases are not worth investigating.

Example 8

Man is prescribed insulin by a consultant.  However, his GP refuses to support the insulin.  The man then has a heart attack, allegedly due to the lack of insulin.

This is a case where there is an obvious breach of duty and potentially valuable outcome.  It is therefore worth investigating

Example 9

A man with a long history of eye complaints that are ignored by his GP goes to an optician, who is concerned and refers him on to the local ophthalmic department.  There a long standing cancer is diagnosed. 

This is worth investigating, but the claim may not be worth anything if it is a secondary cancer.  Secondary cancer would suggest it is a serious cancer and so it might be difficult to prove that earlier intervention by the GP would have made a significant difference.