Failed acute appendicitis diagnosis by private GP leads to adhesions and fertility issues

Emily* went to A&E at the Royal Free Hospital in London with stomach pain and diarrhoea and was examined but discharged and given codeine for relief. The pain continued, and four days later she saw an NHS GP who diagnosed her with an UTI and prescribed antibiotics.

Emily, who was not feeling better despite the antibiotic treatment, then saw the Defendant, a private GP operating out of the St John St Elizabeth Hospital private GP clinic, who examined her. The GP was made aware of Emily's A&E attendance and her abdominal and back pain in addition to blood in her urine. She noted that Emily was very tender in her lower abdomen and was "guarding" on examination, an indication that the stomach was inflamed. A dipstick test was undertaken and was negative for UTI but further antibiotics were prescribed ahead of lab test results.

Two days later Emily emailed the GP saying she was feeling better but was still experiencing intense waves of pain in her stomach, especially after eating and extreme pain when straining on the toilet. Emily's urine test results were negative for infection but found that she had abnormal amounts of red and white blood cells.  The GP advised her to keep taking antibiotics and booked a follow up appointment for a few days later instead of asking her to come in for a face to face appointment and examination.

Over the following days Emily's condition deteriorated, and the private GP saw her again and ordered an urgent Ultrasound scan and blood tests. Following these, Emily was diagnosed with acute appendicitis and taken to the University Hospital London. A CT scan revealed she had a perforated appendix. That same day Emily underwent emergency open surgery to remove the appendix and the cecum, the beginning part of the large intestine, and had to have a temporary stoma created.

Due to the delay in her diagnosis, Emily, who is in her early thirties, developed a large abscess that extended to her pelvis involving her fallopian tubes and ovaries. This resulted in increased intra-abdominal adhesions, ongoing pain and has comprised her fertility. She had to have further surgery to reverse the stoma.

Louise and Caron brought a medical negligence claim against the private GP on the basis that there was a failure to suspect appendicitis during Emily's first appointment. The GP failed to diagnose and treat Emily's condition as a medical emergency and wrongly concluded that she had a UTI. There was a further failure when Emily contacted the GP following her initial appointment to say she still had pain, as the GP should have instructed her to come in for a second examination, which would have detected that she had significant abdominal symptoms and potential peritonitis. Had these failures been avoided Emily would have had earlier surgery avoiding the abscess, ongoing pain and the compromise to her fertility. As a result of these failings, Emily is likely to require IVF in the future and the costs associated with her future fertility treatment in addition to the psychological impact of her injuries were included as part of her claim for damages.

The GP's legal representatives initially denied liability for Emily's injuries so that proceedings were issued on Emily's behalf to progress her claim. John Gimlette of 1 Crown Office Row was instructed on her behalf to draft the court papers. Following service of Court papers along with early disclosure of supportive evidence and a well gauged settlement offer Louise secured a £125,000 settlement figure on Emily's behalf.

Following settlement, Emily told us "Thank you for all you’ve done and getting us to a settlement so quickly! It has made an enormous difference to me just how smooth and quick this process was. It goes without saying that if I hear of anyone needing legal support, I will point them in the direction of you both & Fieldfisher"

Contact us

For further information about private healthcare negligence claims or medical negligence claims please call Caron Heyes on 03304606743 or email caron.heyes@fieldfisher.com or please call Louise Astill on 03304606147 or email Louise.Astill@fieldfisher.com

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