A&E failures caused cardiac arrest in patient

Client Situation

Mr G suffered from diabetes and ischaemic heart disease. In August 2016, Mr G became very unwell at home, developing repetitive episodes of diarrhoea and vomiting which lasted throughout the day and an ambulance was called that evening.

When the paramedics arrived, he was given fluids and taken to hospital. Mr G arrived at hospital at around 7:20pm, however he was not examined by a doctor until 9:40pm.

He did not receive appropriate treatment in the resuscitation area of the A&E dept and he was not referred to ICU. Instead, he was transferred to the infectious diseases ward at around 2am without any appropriate discussion with the clinical team on that ward.

Mr G then suffered two cardiac arrests and unfortunately, he could not be resuscitated and he passed away at 7am.

Mr G’s death was referred to the Coroner to determine the cause of Mr G’s death. In the meantime, an investigation by the hospital concluded that due to Mr G’s underlying health his prospects of survival were less than 50% (closer to 25%) regardless of the care provided to him. A subsequent report from an expert, instructed on behalf of the coroner, concluded that Mr G’s prospects of survival would have been good, had he received the appropriate care from the hospital.

How We Helped

Mrs G contacted Co-op Legal Services and spoke with medical negligence solicitor Daniel Comerford who provided no obligation advice.

Mrs G then instructed Co-op Legal Services to assist with the coroner’s inquest and the medical negligence claim. Solicitor Daniel Comerford wrote to the Defendant and Mr G’s GP requesting copies of all of Mr G’s medical records. We invited the defendant to make early admissions of liability and we requested an extension to the limitation period to allow sufficient time for Mrs G’s claim to be investigate

The defendant and the GP provided us with the copy records as requested. We were also contacted by the defendant’s solicitors. On behalf of the Trust, they admitted to breaching their duty of care towards Mr G. They admitted that there was a delay in starting fluid resuscitation and commencing IV fluids. They also conceded that Mr G should have been reviewed by a senior member of the Infectious Diseases team whilst Mr G was in A&E and that once transferred to the ward, his care should have been immediately escalated. They confirmed that had earlier escalation have occurred, Mr G would have received antibiotic therapy and a higher level of care earlier.

The defendant did not accept at this stage that their failures caused Mr G’s deterioration and subsequent death.

Daniel requested further extensions to allow the inquest to proceed before investigating Mrs G’s claim further and he supported Mrs G by liaising with the Coroner’s Office and instructing a barrister to represent the family at the inquest.

The Coroner’s Inquest went ahead in January 2022 and the Coroner concluded that Mr G’s death as a result of natural causes contributed to by the Defendant’s neglect.

Daniel sent a letter of claim to the defendant following the inquest, reviewed the medical records and gathered information on Mrs G’s monetary losses as a result of the negligence. He also arranged a conference with counsel and the client for further expert advice in relation to the claim.

The defendant sent a further letter of response, accepting not only that they breached their duty of care towards Mr G, but also accepting that Mr G would not have suffered a cardiac arrest, had they provided the appropriate care and treatment to Mr G.

Daniel drafted an extensive schedule of loss on Mrs G’s behalf and reviewed similar medical negligence claims and compensation awards to advise Mrs G of the value of her claim to include an award for the pain and suffering Mr G had experienced and a bereavement award for the loss she has suffered.

The Outcome

As a result of Daniel’s negotiations, Mrs G received £160,000 compensation in respect of the pain and suffering Mr G experienced, the loss to the family and the monetary losses incurred as a result of the negligence.

At Co-op Legal Services our medical negligence solicitors offer free legal advice to people who may have suffered negligence as a result of a medical mistake or failure and we can offer our services on a ‘no win no fee’ basis.

For more information about A&E Medical Negligence claims at Co-op Legal Services, please click here.

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