Settlement in fatal missed diagnosis of DVT claim

Michael*, 77, underwent a hip replacement operation at the private hospital and returned ten days later for a follow up appointment. His nurse noted that he had swelling to his leg and ankle, but no further action was taken.

The nurse's notes from the follow-up appointment recorded: "Left ankle swollen +++, no pain, tenderness or tightness. Slight swelling to lower right leg, no pain. No breathing difficulties". He was then seen by a physiotherapist who noted "nil bruising, discolouration, swelling, nil signs of… DVT noted".

The following day Michael took a short walk to a local hairdresser and collapsed on the street. Sadly, he died shortly afterwards. A post-mortem revealed he had died of pulmonary embolism (“PE”) and deep vein thrombosis (“DVT”).

His family instructed Deborah in a medical negligence claim against the hospital and Nuffield made an admission of breach of duty early on. The Defendant admitted that the nurse who noted the post-operative swelling should have urgently referred Michael to a Consultant or Resident Medical Officer (RMO).

Despite this early admission of liability, it was a complex claim as the hospital denied factual and medical causation.  This meant to succeed in the medical negligence claim, the family would need to establish: (1) that the RMO or Consultant at review would have suspected a DVT; (2) they would have ordered investigations that would have shown a DVT; and (3) treatment, if provided that day, would have avoided the pulmonary embolism that led to death the following day. With advice from orthopaedic and haematology experts, arguments were made on the Claimant's behalf for these propositions.

Eventually at a round table meeting (RTM), the claim was settled for £200,000. The claim then went to the Court for approval as Michael's widow and sole beneficiary of his estate lacked capacity due to posterior cortical atrophy, a form of Alzheimer’s disease. But for Michael's death he would have cared for his wife and the settlement has reimbursed the family for the substantial care required to enable her to live out her remaining time at home.

After the settlement, Michael's daughter said: "We came to Fieldfisher’s medical negligence department on the recommendation of a friend who had worked with the team in a professional capacity.

We are so grateful for that recommendation and to the team – to Deborah, to all those working behind the scenes, and to the barrister that Deborah engaged to work on our case.

Litigating in these circumstances, when one is so personally involved, is never easy.  Deborah and the team made it as good as it could possibly be for us. We were kept informed and updated at all times and guided through the process with both professionalism and care.  Explanations were always clear and thorough.

 Their expertise was impressive, and they brought their experience to bear in a most impressive manner. Throughout the process we always felt that we were in excellent hands and were glad to take their advice.

My brothers and I were delighted with the outcome, meaning as it did that the cost of our mother’s care – or at any rate a material portion of it - would be covered for as long as she was likely to need it.  It was an incredible relief.  We cannot thank the team enough or speak highly enough of them all. I would wholeheartedly recommend the team here to anyone embarking on this process."

Contact us

For further information about fatal medical negligence claims or private healthcare claims, please call Deborah Nadel on 03304606750 or email deborah.nadel@fieldfisher.com.

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