The Medical Negligence Team are one of the largest teams in the East Midlands.
We understand what you’re going through, and will help you get the answers and the compensation you deserve. You can be assured that you’ll be talking to the experts – members of our team have been recognised by the Legal 500, the definitive guide to “who’s who” in the legal world.
The team have secured over £23 million of damages for victims in the past 12 months.
Read how clients have benefited from the team’s expertise following successful medical negligence claims.
Note some names have been changed to protect their identity.
£14,500 Settlement For Delay In Surgical Treatment Of Child's Appendicitis
As one of the largest Medical Negligence teams in the East Midlands, the team acted on behalf of a minor who on was referred to A&E by his GP who thought that he was suffering with appendicitis. The surgical registrar at A&E agreed with that diagnosis and transferred the patient to another hospital to have an appendicectomy. On arrival, he was instead diagnosed with a gastric infection (gastroenteritis) and was given antibiotics.
The patient was then reviewed by the paediatric service who thought he was suffering from either appendicitis, colitis or a collection, so requested an urgent ultrasound. He was later signed off by the surgical team as not needing surgical intervention.
His condition then deteriorated, and it was not until he was reassessed by the surgical team three days later that the decision was made to take him for the appendicectomy, and they realised he had a perforated appendix, along with other internal injuries.
The team were able to achieve damages for the client of £14,500 for the hospital’s delay in surgical treatment of the appendicitis and the suffering it caused to the minor, among other failings.
Child's Serious Complications Post-appendicectomy Results In £35,000 Damages Awarded
Wilson Browne Solicitors acted for another minor who suffered from serious complications post-appendicectomy from the date of discharge until a second corrective surgery took place on 15 days later. These complications meant that the wound was discharging effluent fluid and the patient ultimately had to undergo further procedures and treatment until she was finally discharged after a further 18 days.
Whilst it was disputed by the hospital whether or not the complications were as a result of substandard medical practice – the team were able to achieve damages in the sum of £35,000 for the client.
£1m Settlement For Negligent Medical Treatment During Birth
Wilson Browne Solicitors represented a child who received £1,025,000 from hospital after suffering dyskinetic quadriplegic cerebral palsy because of medical negligence at the time of his birth December 1991 at Kettering General Hospital.
It was alleged there was a delay of 30 minutes in delivering the child because he was not being properly monitored. He was starved of oxygen and suffered a brain injury to a specific part of the brain, the basal ganglia, which has resulted in him suffering involuntary movements.
Working with medico-legal experts from a range of disciplines; Obstetrics, Gynaecology, Midwifery, Paediatric Neurology, Neuroradiology, Care Experts, Educational Psychology and a joint Physiotherapy and Speech and Language therapist, the Wilson Browne team identified that it was the prolonged lack of oxygen that caused damage to his brain.
His parents did not contact the team until he was at school but this still was within the timeframe allowed for a medical negligence case. The child was by this time a very bright young man and doing well academically, however there was an unusual aspect to the case that he was only mildly affected (in the cerebral palsy scale) and so likely to do well in higher education and find employment. He would however need assistance to enable him to achieve his full potential.
The then East Midlands Strategic Health Authority initially denied liability, refusing to accept that staff at Kettering General Hospital had made any errors during delivery, however, shortly before the trial they accepted 80% liability for his injuries and the team was able to secure a settlement of £1,025,000. The team ensured that his compensation was protected in a Personal Injury Trust, not affecting his entitlement to benefits. The compensation will go towards providing the boy with equipment, such as an adapted car, and the additional personal care he would require throughout his life.
£7.2m Settlement For Boy Born With Cerebral Palsy At Kettering General Hospital NHS Foundation Trust
In 2004 Baby H’s parents instructed Louise Tyler to act in a claim for compensation for injuries suffered during the birth of their second Child.
It was alleged that delivery of Baby H was delayed causing him to suffer asphyxia brain injury and cerebral palsy. The child’s mother had previously had a caesarean section with her last child but was told she could still have a natural labour. A few weeks before the baby was due the mother experienced abdominal pains. She did go to the hospital and was discharged with no change to her birth plan.
When the mother went into labour there were obvious decelerations of the baby’s heartbeat, a clear sign that a baby is in distress. At 1.30am it was decided that the mother needed an emergency caesarean section but she was not taken to theatre until 1.58am. The baby was delivered at 2.00am. Baby H was in very poor condition, his heart had stopped beating and he had to be resuscitated.
The team alleged that the delayed delivery of Baby B caused him to suffer asphyxia brain injury and cerebral palsy.
Louise Tyler investigated the claim with help from experts in obstetrics, paediatrics and neuroradiology. The experts agreed that there were early warning signs that the baby was in difficulty and should he have been delivered sooner then he would not have suffered the brain injury or developed cerebral palsy.
Kettering General Hospital didn’t make any admissions and therefore court proceedings were issued.
Eventually, after sharing both sides expert evidence, Kettering General Hospital initially accepted 75% liability. The experience team argued that this should be more and successfully increased the liability to 90% which was considered an excellent result.
Utilising further expert evidence from experts in accommodation, care, aids and equipment, speech and language therapy, physiotherapy and neuropsychology, and after much negotiation, the team secured a lump sum payment of £1.79 million and annual payments for the rest of the child’s life . The total claim was estimated to amount to £7.2 million
The parents of the child were delighted with the outcome. The compensation allowed them to purchase a new fully adapted home and employ carers round the clock.
Six figure settlement in misdiagnosis of Deep Vein Thrombosis in local GP practice
In June 2011 Mrs Doe noticed that her eczema on her left calf had become red and sore. She made an appointment at her local doctors surgery. The GP thought it was infected and prescribed her antibiotics and gave her some dressings.
Three weeks later Mrs Doe returned to the surgery and was seen by a practice nurse. The nurse redressed her leg but told Mrs Doe to see the GP again because she thought she might have a deep vein thrombosis (DVT), a blood clot in one of the major veins in her leg.
Mrs Doe saw her GP the next day. He documented that she did not have DVT. Five days later Mrs Doe became very short of breath and sadly died very suddenly.
A post mortem was carried out to find the cause of her death and showed there was a blood clot in her leg and that part of it had broken off and travelled to her lungs causing a Pulmonary Embolism. Essentially this caused her death, she was unable to breathe.
The team initiated proceedings against the GP to prove that he had not carried out a thorough examination of her leg when she returned for the second time. Expert evidence was exchanged and it was proven that if the GP had examined the leg properly, he would have realized that she probably did have a DVT and immediately referred her to the hospital where she would have received life saving treatment.
Mrs Doe’s family received £32,000 in compensation.
Louise Tyler commented “the failures on the part of the GP seemed clear in this case and we are pleased that we were able to resolve the matter, getting justice for this lady and her family”.
£20,000 secured due to clinical negligence resulting in a fall at hospital
Back in October 2014 Mrs R fell at home and was admitted to Kettering General Hospital. The hospital recognised that Mrs R was at high risk of falling again and because of this she should have been accompanied by a member of staff at all times when mobilising to the toilet. However, Mrs R was left alone to take herself to the toilet which resulted in her falling and sustaining fractures to her right hip and knee.
Surgery was required to fix the fractures and Mrs R was unable to return to her own home. Her need for residential care was accelerated by between 6 and 9 months as a result of her injuries.
Sadly Mrs R died part way through proceedings. Her daughters claim for clinical negligence had by this time already begun. The Medical Negligence team at Wilson Browne Solicitors secured expert evidence in nursing care and allegations were put to the Defendant in a letter of claim. The Defendant denied liability and therefore Counsel was instructed and proceedings were issued in April 2019. Following issuing proceedings the Defendant made an offer to settle the claim.
The team delivered strong negotiation with the Defendant and as a result secured an increased settlement of £20,000, which was considered a good result for the estate of Mrs R.
Closure for family after the tragic stillbirth of baby Alfie at Kettering General Hospital
Lisa Bell instructed Wilson Browne Solicitors to claim damages from Kettering General Hospital NHS Trust for the stillbirth of her baby Alfie. Her due date was 28 March 2015. On 27 March 2015, Lisa contacted the maternity unit at KGH with a history of a show of yellow mucus and period type pain every 30 minutes to an hour and was experiencing relatively limited foetal movements as her placenta was in an unusual position, blocking the amount of movement that she could feel. She was advised to take a bath and paracetamol and call back if contracting regularly.
The following day on 28 March 2015, she again called the maternity unit complaining of nausea, dizziness and feeling hot and informed the midwife that she was concerned about reduced foetal movements that day. The midwife recorded “FM√” apparently recording good foetal movement despite what Lisa said. She was advised to put her head between her legs to help the dizziness and to call back if she had signs of contraction.
On 31 March at 40 weeks, 3 days gestation, she again contacted the maternity unit with a show and headache which had not subsided despite taking paracetamol. She again reported reduced foetal movements and was advised to come into the hospital for induction of labour. She was induced, but CTG showed no foetal heart rate and her baby was still born.
Wilson Browne Solicitor’s Medical Negligence team obtained expert evidence from both midwifery and obstetrics who said that as Lisa reported reduced foetal movements on 28 March 2015, she should have been asked to attend the maternity ward; and that had she done so, a CTG trace would have been performed which would have shown Alfie was in distress and an emergency C-section would have been performed. It is likely that Alfie would have been born alive if this was carried out. The midwife to whom Lisa is understood to have reported reduced foetal movements on 28 March 2015, was dismissed by the trust in November 2015, and struck off from Nursing and Midwifery Council for reasons unrelated to this case.
Sadly, claims relating to still births don’t get large sums in compensation due to how the law compensates people for injuries. The defendant denied any wrong doing but strategic negotiations managed to secure a settlement of £15,000 for Lisa without the need to issue court proceedings.
Substantial compensation secured arising from a 9 month delayed diagnosis of bowel cancer
Substantial compensation has been won in claims for medical negligence arising from the delayed diagnosis of Mrs T’s bowel cancer.
The team were instructed by Mrs T’s husband to pursue a claim for damages in relation to his late wife’s treatment at Kettering General Hospital. The deceased was referred to the Defendant’s hospital in December 2014 with a history of anaemia. Gastroenterology planned for her to have a gastroscopy and then, dependant on results, a further colonoscopy. However, the referral letter for a gastroscopy was filed within her notes and never received by the relevant department. Mrs T’s GP chased the procedure in July 2015 and the gastroscopy was performed on 14 September 2015. Results of the gastroscopy mandated that she needed further investigation with a colonoscopy, however, this was not requested.
On 20 October 2015 Mrs T was admitted to the Defendant’s hospital unwell and short of breath on exertion. A CT scan performed on admission revealed that she had extensive metastatic bowel cancer, affecting the liver and lungs. She died on 3 November 2015.
The Defendant had conducted their own serious incident investigation which highlighted a number of system failings; our experienced medical negligence team prepared a Letter of Claim based on the findings of the SI report whilst obtaining expert evidence in relation to causation.
The Defendant’s Letter of Response admitted breach of duty but denied that earlier intervention would have prevented her cancer spreading. The Defendant stated only that earlier intervention would have resulted in palliative treatment being offered and prolonged survival by ‘several months’.
Our own expert evidence suggested the deceased would have survived for approximately 3 years if she had been treated without the delay. Three years that would have been incredibly important to her husband and family. We were able to obtain evidence that showed the deceased could have returned to work for a time following palliative treatment.
Wilson Browne’s medical negligence team secured £44,500 for the family and estate of Mrs T.
Substantial figure secured for delayed diagnosis of severe facial fractures
The medical negligence team acted a Claimant who suffered a delayed diagnosis of several facial fractures. As a result the Claimant required extensive surgery to fit metal plates and further operations to repair his eye lid which did not close fully. The Claimants appearance was also affected.
The Claimant attended A&E at Leicester Royal Infirmary following an assault. He had been beaten over the head and kicked in the face. On attending A&E at the Defendants hospital he was briefly examined but no x-rays were taken. Facial cuts were glued together and he was discharged. Over the following 6 weeks the Claimant noticed his face dropping on one side. He returned to his GP who requested an x-ray and CT scan. The scans confirmed that he had suffered fractures to the right zygoma and right orbital floor; the cheekbone bone under the eye. The Claimant was left with double vision and numbness in his cheek as well as the distorted facial appearance.
Because of the delay, the fractures had begun to heal in the wrong place and the Claimant required major surgery to fix it.
The team were instructed to pursue a claim for damages as a result of the delay. Following investigation of the claimant’s medical records and the police records of the incident, an expert in emergency medicine was instructed to report on the failures in A&E. Following a detailed letter notifying the defendant of the claim, they admitted liability in full.
The Defendant accepted that if an x-ray had been performed the Claimant would have been referred to maxillofacial on the day of attendance at A&E and would have undergone open reduction and fixation of the displaced fractured right zygoma +/- right orbital floor repair. On the balance of probabilities, he would have avoided the need for further surgery on his would not have suffered from numbness in his cheek and double vision.
This was a complex claim needing expert evidence from four different specialist doctors. The Claimant was self employed and alleged that his business had lost income as a result of the numerous hospital appointments and time off work required.
The defendant paid the claimant £75,000 in damages.