NHS Delay: £650,000 Medical Negligence Settlement

This was a catastrophic case, involving an elderly gentleman who had a leg amputation due to the negligence of both the James Paget (JPH) and Norfolk & Norwich (NNUH) Hospitals.

The Claimant attended the JPH Emergency Department with pain in his right calf and slurred speech, which was of recent onset. He had a significant vascular history in both legs. The possibility of a stroke was considered, as was a vascular event. A CT scan was performed which demonstrated that he had not suffered a stroke but showed an acute on chronic ischemia of his right leg. This should have alerted both hospitals to the fact that time was very much of the essence and the clock was ticking.

However, there were delays in managing his condition at the JPH meaning he ought to have been transferred to the NNUH more promptly to see their vascular team, than was the case. Even when he did arrive (at 22:34) at NNUH there was a substantial delay in undergoing revascularisation surgery, which did not take place until the next morning, in spite of the need to carry it out being urgent. The revascularisation surgery was unfortunately unsuccessful and the Claimant needed to have an above knee (full leg) amputation—a devastating outcome.

Legal Proceedings and Hospital Liability

After sending letters of claim, JPH denied breach of duty. NNUH admitted that surgery ought to have taken place by midnight. Both Defendants disputed causation, suggesting that the Claimant would have lost his leg anyway.

The parties agreed to exchange their evidence and enter into negotiations by way of a formal round table meeting (RTM).

Complex Settlement and Outcome

The RTM was lengthy. The principal issues between the parties were the amount and basis of care provision in the future and the valuation of the claim for alternative accommodation. The Defendants made a final offer which they indicated was their maximum authority and reflected their maximum valuation of the case. The Claimant decided to accept the Defendants’ offer whereby he would receive the sum of £650,000.

The settlement has allowed (just) enough for the Claimant to purchase an alternative and disabled-friendly property and a modified car so that he can be taken out in his wheelchair (he is not able to drive himself). It was important with a short life expectancy of under 3 years to try and receive compensation within time to enable the Claimant to actually benefit from it in a real and meaningful way.

A Lengthy and Expert-Heavy Claim

The claim was complex, with liability issues against both JPH & NNUH plus causation issues which did not completely overlap. The Claimant needed 7 experts plus a Deputy and case manager for the claim to be dealt with.

The case was long-running as well, not ending until 6.5 years after the negligence event. High Court approval had to be sought too as the Claimant was not capable of managing his own affairs.

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