Medical negligence claims are complex and cover a vast range of issues from delayed diagnosis or treatment to surgical errors or issues with medication.

Here are examples of recent medical negligence cases we have settled in 2023.

Stroke and DVT negligence claims

Major stroke caused by osteopathy negligence - settled for £800,000

This case was settled by Caroline Moore (and barrister Julian Matthews) for a client in their early 40s who suffered major stroke after two visits, 10 days apart, to an osteopath who conducted manipulation of the neck on both occasions.

The claimant ‘C’ after first visiting the osteopath, and being manipulated, complained immediately of pain. Pain continued, with other transient symptoms developing, such as vertigo, until a second visit 10 days later. C explained the ongoing symptoms but the osteopath proceeded to manipulate C’s neck again.

A few days later, C suffered a major stroke caused by a tear to the vertebral artery.

The case was settled without any admission of liability, after exchange of expert evidence between the parties, and at a settlement meeting two months pre-trial.

Inadequate treatment of DVT – settled for £40,000

This case was settled by Matthew Brown for a female client whose deep vein thrombosis (DVT) returned after being prescribed an inadequate dosage of anticoagulant medication.

In 2016, the claimant ‘C’ fell from height, causing an L1 spine fracture and three fractures in her right foot that required a body cast and a weight bearing below knee cast.

In hospital, C was given daily injections to reduce her risk of developing DVT. However, she wasn’t given any information or advice about preventing thrombosis at home.

A month after she was discharged from hospital, C was in excruciating pain and was found to have a DVT in her leg. She was prescribed the oral anticoagulant Rivaroxaban for four weeks.

C had been advised she was fit to travel to Italy via coach but shortly after arriving shortly after arriving she noticed her ankle, foot and knee were swollen. The swelling and pain worsened and C was prescribed six injections of another anticoagulant, Clexane, at the local hospital.

On her return home, it was found she had another DVT in the same leg. She has been left with chronic venous insufficiency that causes persistent discomfort and swelling in her leg. This case study can be read in full here.

Surgical medical negligence claims

Urology injury during gynaecological surgery – settled for £330,000

This case was settled by Caroline Moore on behalf of a woman in her 40s whose ureter was cut and was inadvertently sterilised during gynaecological surgery.

The claimant ‘C’ underwent keyhole surgery to remove large cysts on both ovaries. While operating, the surgeon found significant scar tissue connecting the bowel to the top of C’s womb, preventing the left ovarian cyst from being easily removed. A colorectal surgeon was called to remove some of the scar tissue to allow for better visualisation of the ureters.

While recovering from the surgery, C experienced severe abdominal pain and vomiting. She had two large abscesses in the pelvis filled with urine caused by a dissected ureter. C needed further surgery to reconnect (reimplant) the ureter to the bladder. She now requires long-term medication and life-long Botox injections to treat incontinence.

She was also left infertile after the surgeon unknowingly removed part of C’s fallopian tube during the cyst removal. This led to the breakdown of her relationship and depression. Read the case study in full here. 

Bowel injury during gynaecological surgery – settled for £80,000

This case was settled at mediation by Sonia Parkes for a female client whose colon was perforated during keyhole surgery to remove a cyst on her ovary.

The claimant ‘C’ has permanent scarring and constipation, an increased risk of significant bowel adhesions in the future, and varying levels of depression.

To repair the perforated bowl, C underwent invasive emergency surgery. She had a double barrel colostomy and stoma that required her to use a colostomy bag for over a year before it was reversed. She also developed an incisional hernia that needed further surgery. This case study can be read in full here.

Poor care during breast augmentation – settled for £22,000

This case was settled by Louise Haslam on behalf of a 41-year-old woman who paid for breast augmentation that couldn’t be completed due to poor medical care.

During surgery at a private hospital in July 2020, the surgeon couldn’t stop the bleeding which resulted in the claimant being transferred to the local NHS hospital. The procedure was not finished and she has still not had it redone due to an ongoing fear.

Although there was no negligent act that led to the outcome in this case, the claimant alleged that she endured a traumatic experience with very poor care. The CQC issued an investigation into the clinic’s failings and demanded further action to protect future patients.

The case was settled on a global basis to cover the costs of litigation, which included £7,000 compensation for the claimant’s pain and suffering. She had already been refunded the cost of surgery and the defendant was made to repay NHS charges separately.

Orthopaedic medical negligence claims

Failures with sports injury – settled for £100,000

This case was settled by Sonia Parkes on behalf of a woman in her late 20s who has been left with reduced movement and ongoing pain in her knee after experiencing delayed diagnosis and treatment of a locked knee caused by a sports injury.

While playing netball in August 2018, the claimant ‘C’ jumped and landed on a straight knee and felt it pop. She went to A&E the following day as she couldn’t extend her leg. An x-ray found it wasn’t broken but she was referred to the fracture clinic where she was told it was soft tissue damage and advised to rest and wear a knee splint.

Three weeks after the injury, C was seen again at the fracture clinic by another consultant who diagnosed a meniscus tear. Her knee was still swollen and had limited movement, so a routine MRI was arranged.

Various delays with the MRI and reporting of it meant that C didn’t have knee surgery until the end of November – three months after the injury.

Despite having months of physiotherapy, by April 2019 she still couldn’t straighten her leg and was advised to have further surgery to release the locked knee which she had in May.

Due to the loss of movement of the knee, C now faces a significantly higher risk of osteoarthritis in her knee.

The defendant NHS Trust admitted an avoidable eight-week delay to surgery and made an offer of £35,000 at mediation. After negotiations, this was increased to £100,000.

Delayed diagnosis of hip fracture – settled for £2,500

This case was settled by Amy Adkins on behalf of a 66-year-old woman whose hip fracture went undiagnosed for 11 days.

After an accident in 2022, she went to A&E with leg and groin pain but no hip or pelvis x-ray was carried out.

The pain worsened and she returned to A&E 11 days later where x-rays and a CT scan were taken. The claimant was told she had fractured her hip and she underwent a hip replacement shortly after.

The claim was for the pain and suffering experienced during the 11-day delay in diagnosis and settled at a very early stage of litigation.

Delayed Diagnosis medical negligence claims

Delayed diagnosis of diabetes – settled for £35,000

This case was settled by Christine Brown on behalf of a 44-year-old man who has been left with permanent loss of sensation in his foot after his type 2 diabetes went undiagnosed for six months.

The claimant ‘C’ had a routine blood test at his GP in October 2018 which suggested diabetes but this was incorrectly marked as ‘normal’ on the system.

He continued to have check-ups for an unrelated condition but the miscoded result was never spotted.

Six months later, C went back to his GP with oral thrush and numbness in his little toe and heel. The GP noticed the raised blood level from the previous year and arrange for a further blood test from which C was diagnosed with type 2 diabetes and prescribed Metformin.

Due to the delayed diagnosis of diabetes, C had started suffering from rapid deterioration of his glycaemic control (optimum blood sugar levels). This led to a series of symptoms including thirst, frequent urination, lethargy, oral thrush, blurred vision, and loss of sensation in his foot.

Since starting Metformin, C’s symptoms and blood sugar levels are under control. He alleged that, had he been correctly diagnosed in October 2018, he would have avoided symptoms, particularly the loss of sensation in his foot that is now permanent. C will be at higher risk of diabetic foot disease like Charcot foot and require long-term use of orthotic footwear to prevent this.

Birth injury medical negligence claims

Negligent termination of twin pregnancy – settled for £22,000

This case was settled by Louise Haslam on behalf of a woman in her late 20s who experienced multiple failings with the termination of a twin pregnancy.

In October 2019, the claimant ‘C’ found out she was expecting twins but was incorrectly advised that the pregnancy was non-viable. It was too early in the pregnancy to determine viability.

During an assessment at a termination clinic, C was having doubts about whether to continue with the pregnancy. She requested surgical management of termination as her preferred option which was refused. She was instead given medication to move the miscarriage along.

However, she then suffered with retained products of conception, where pregnancy-related tissues remain in the uterus. This was misdiagnosed as a UTI by her GP. She eventually underwent surgery to remove the retained products after a period of pain and suffering.

C has been left with an adjustment disorder and her compensation included a claim for CBT treatment.

The claim was against two defendants: the first being the termination clinic who failed to advise her that it was too early in the pregnancy to determine viability and failed to provide surgical management for termination when requested. The second defendant was C’s GP who failed to consider and seek further testing on potential for retained products of conception.

Wrongful birth after negligent sterilisation – settled for £20,000

This case was settled by Matthew Brown on behalf of a woman in her mid-30s who became pregnant after failed sterilisation.

The claimant, ‘C’, was born with hip dysplasia and, after having had three children, opted for sterilisation to reduce the risk of long-term hip damage due to pregnancy.

She had a laparoscopic sterilisation in 2014 to block the fallopian tubes with clips to prevent eggs being released into the womb. However, a year later she found out she was expecting and decided to continue with the pregnancy.

During the caesarean section delivery, it was found one of the fallopian tube clips wasn’t positioned correctly. Expert opinion during litigation was that the clip had actually been applied to a ligament rather than the fallopian tube itself. After the birth, C was left with hip pain and a limp that required months of treatment. This case study can be read in full here.

Fatal medical negligence claims

Woman died from spinal surgery complications – settled for £20,000

This case was settled by Miriam Bi on behalf of the estate of a woman who died due to post-spinal surgery complications.

In April 2021, she had routine spinal surgery for a herniated disc and was discharged the following day. However, a few days later she collapsed at home and her husband called and ambulance. At hospital, her blood pressure was low and this could not be raised despite her having been given blood transfusions.

It was not for some time that thought was given to whether the blood pressure problem could be linked to the initial operation. The operation had taken place at a different Hospital, and there was some difficulty in accessing the notes. There was some delay in contacting the operating surgeon.

Following a CT scan it was found she had an arterial bleed and this was repaired. But unfortunately she passed away a short time later.

At inquest, the coroner concluded that that she had died following complications of elective spinal surgery and that an earlier CT scan may have identified the bleed sooner which may have led to earlier surgical intervention.

Liability was admitted for the clinical negligence claim and the claim settled shortly after.

Woman died from tetanus – settled for £11,750

This case was also settled by Miriam Bi on behalf of the estate of a woman who died from tetanus after a hospital failed to provide tetanus immunoglobulin.

While in her garden, the woman accidentally dropped a dirty pickaxe which cut her leg. The next day she received a tetanus vaccination from a nurse at her GP practice and had her leg wound dressed.

The wound began to heal but she developed various symptoms including difficulty swallowing, pain to her neck, a sore throat sensation, weakness and there was drooping to her right eye and mouth. An ambulance was called and she was taken to hospital.

Her blood results showed her C Reactive Protein level (an indicator of inflammation) was 6.70mg/L - the norm is 0-5mg/L. The need for a tetanus immunoglobulin was queried but this was not followed up or actioned.

Her symptoms worsened and she developed lockjaw, episodes of jaw spasms, pain on swallowing and was struggling to open her eyes. A doctor noted that these were consistent with tetanus and she was given tetanus antitoxins as a substitute for tetanus immunoglobulin.

Following communications with a doctor at Public Health England, the Trust decided to request the vaccination records from her GP Practice and discuss the option of a tetanus booster vaccine.

Meanwhile, her condition deteriorated and her CRP levels increased up to 84.70mg/L. She sadly died in hospital a short while later.

At inquest, the coroner concluded that her cause of death was generalised tetanus and there was a failure to provide tetanus immunoglobulin. This exposed her to a greater risk of developing tetanus, therefore exposing her to a greater risk of death. The coroner made a Regulation 28 Report and suggested a better definition for tetanus prone wounds from Public Health England.

Liability was denied but the claim was settled on a litigation risk basis.

Medication and prescription error claims

Lithium overdose due to missed blood tests – settled for £15,000

This case was settled by Matthew Brown for the estate of a woman in her 80s who suffered lithium toxicity (or overdose of lithium) after her GP surgery continued to prescribe lithium without monitoring her lithium blood levels.

She was prescribed lithium for her bipolar depression but the toxicity led to three falls, neurological dysfunction, hair loss, and a general decline in health.

She sadly passed away from an unrelated illness before the settlement was reached. But her daughter made the medical negligence claim on her behalf as a litigation friend. This case study can be read in full here.

Failure to vaccinate cancer patient against chickenpox – settled for £2,250

This case was settled by Kelly Hunt on behalf of a 54-year-old woman with leukaemia who developed chickenpox after her GP failed to vaccinate her against the virus.

The claimant ‘C’ was being treated for Acute Myeloid Leukaemia and C’s oncologist requested she be given the varicella vaccine (Varivax) to protect her from catching chickenpox (varicella virus). 

However, this was overlooked by C’s GP resulting in her developing chickenpox which could have been fatal due to her weakened immune system.

The case was settled within one month in accordance with JC Guidelines.

Never Event medical negligence claims

Patient burnt during MRI scan – settled for £3,000

This case was settled by Kelly Hunt on behalf of a man in his late 70s who was burnt during an MRI scan after clinicians failed to undertake the necessary pre-procedural checks and remove all ECG stickers.

The claimant ‘C’ had undergone surgery for the treatment of cancer, not relatable to the negligent act. Due to post-surgical complications, C was then referred for an MRI scan.

The treating clinicians failed to check that all ECG stickers in situ had been removed prior to C entering the MRI scanner. The oversight resulted in three burns to C’s torso and back underneath the ECG stickers. The radiofrequency fields that occur during an MRI can heat ECG cables and electrodes, seriously burning skin under the electrodes.

Medical Solicitors: Here for you

As you can see, our team has had a busy start to the year closing medical negligence claims by reaching settlements for compensation.

We strive to help as many people as possible get the answers they are looking for. However, no two cases of medical negligence are the same. Therefore, we take the time to carefully consider each enquiry to decide whether there is a good chance of success. 

The team is made of up experienced legal professionals who all have different specialisms. We focus solely on medical negligence cases, a very in-depth and difficult area of the law that requires both legal and medical knowledge.

We truly care about giving the best legal advice and the highest standards of client care which is backed up by our 5 star reviews and testimonials from clients.