CLINICAL NEGLIGENCE
QUANTUM UPDATES
Courtesy of Rachel Galloway. 
S v EAST SUSSEX NHS
HEALTHCARE TRUST (2014)
Lawtel Reference: AM0202408
Age of Claimant: 59
Injury: Lingual nerve injury
PSLA Damages: £10,250
The Claimant suffered an injury to the lingual nerve. The Claimant had not been warned of the risk
of damage to the nerve when she underwent removal of retained roots at
LL8. The Claimant was left with a
permanent injury, which included discomfort, numbness (affecting the lower gum)
and an internal alteration in taste associated with certain types of food. Settlement was agreed (and approved) in the
sum of £10,250 total damages (to cover PSLA only) – no 10% uplift was applied.
MEYERHOFF v ANNA RENATE MARFIANY
(2014)
Lawtel Reference: AM0202451
Age of Claimant: 33
Injury: Root canal treatment
negligently performed requiring further root canal treatment. Crown negligently fitted, requiring another
crown. In addition, part of a broken
dental instrument was found within the root canal.
PSLA damages: £2,500
General damages of £2,500 (with no 10% uplift) were agreed between
the parties and £2000 was agreed for future treatment costs.
GOSTLING (DECEASED) V
SOUTH LONDON HEALTHCARE NHS TRUST (2014)
Lawtel Reference: AM0202449
Age of Claimant: unknown
Injury: pre-death pain, suffering and loss of amenity
PSLA: £10,000
Total Damages: £120,000
The deceased suffered a fatal heart attack. Following admission to hospital with back
pain, the hospital failed to take blood cultures, which would have revealed
that he was suffering from an acute kidney injury and bowel inflammation (which
ultimately resulted in cardiac arrest and death). The deceased had been taken to hospital on
the 29th April 2008 and died on the 11th May 2008. General damages were agreed at £10,000 (with
no 10% uplift applied). The overall
award of £120,000 included general damages, a bereavement award, care,
dependency and loss of services of a husband.
RYDER v WARRINGTON (2014)
Lawtel Reference: AM0202452
Age of Claimant: 26
Injury: burn to lip
PSLA: £17,000
The Claimant suffered injury when surgical equipment overheated
during the course of a tooth extraction.
She suffered a burn to her lower lip which took several weeks to heal
and during which time she suffered considerable pain and discomfort. She was left with permanent scarring. The burn measured 0.5 cm x 3 cm. The Claimant suffered psychological injury
due to the scarring, which made her feel embarrassed. The scar was permanent. Damages for PSLA were agreed at £17,000 (with
no 10% uplift). The total damages agreed
amounted to £18,500, which included £500 for past care and assistance and
£1,000 for future makeup costs.
L v NHS COMMISSIONING
BOARD (2014)
Lawtel Reference: AM0202436
Age of Claimant: 64
Injury: Unnecessary pancreatoduodenectomy operation, fatigue, bowel
weakness (permanent) and exacerbation of a pre-existing psychiatric condition
(6 months). There was a small risk that
further surgical procedures would be required in the future.
PSLA: £35,000
The Claimant was wrongly informed that she had a poorly
differentiated carcinoma and she underwent an unnecessary pancreatoduodenectomy
operation. General damages in respect of
pain, suffering and loss of amenity were agreed in the sum of £35,000 (no 10%
uplift applied) and special damages (miscellaneous expenses) were agreed at
£10,000.
MT v SK (2014)
Lawtel Reference: AM0202461
Age of Claimant: 39
Injury: traumatic pneumothorax to the left lung
PSLA: £7,000
The Claimant suffered a traumatic pneumothorax to the left lung
following an acupuncture session.
Following drainage of the site, she suffered persistent pain and
discomfort and anxiety associated with multiple hospital and GP visits. The Claimant suffered persistent pain and
discomfort for 3 months but with an ongoing feeling of bodily ill health for at
least 12 months. The Claimant gradually
returned to work after 3 months. General
damages for pain, suffering and loss of amenity were agreed (estimated) at
£7,000 (no 10% uplift applied). The
overall award was £17,700 (which included a claim for past loss of earnings and
the costs associated with various alternative therapies that the Claimant had
sought to aid her recovery).
C (A CHILD) v GREAT
WESTERN HOSPITALS NHS FOUNDATION TRUST (2014)
Lawtel Reference: AM0202454
Age of Claimant: 13
Injury: burn to nostrils
PSLA: £9,160
The Claimant sustained burn injuries to both nostrils following a
negligently performed bilateral tonsillectomy, adenoidectomy and submucosal
diathermy to inferior turbinates. The
total injury duration was 6 months. The
Claimant suffered a full thickness burn injury to the mid point of the alar rim
of her right nostril. She was left with
a “U-shaped” defect, which was 5/6 ml, by 7/8 ml. She also sustained a partial thickness burn
to the apex of her left nostril where the left alar rim met the nasal tip
column. On the day of the incident, the
Claimant was transferred to a burns unit at another hospital. She was initially treated conservatively but
later (approximately 4 months later) she underwent a soft tissue reconstruction
procedure under general anaesthetic (and the stitches were removed 1 week
later). The Claimant suffered
embarrassment during this 4-month period.
The Claimant was left with a permanent almost imperceptible scar to the
right nostril and no scar was perceptible to her left nostril. The Claimant was not self-conscious about the
scar following surgery. Damages of
£9,160 were approved for general damages (no 10% uplift applied). £840 was permitted for past care, travel
expenses and interest.
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