CLINICAL NEGLIGENCE QUANTUM UPDATES
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
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
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.
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
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
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.