Medical Negligence Claim Awarded £8,500 Compensation

29 June 2018

Client Situation

We were instructed by Mr B, in relation to the death of his father, Mr H.

The deceased, Mr H, was 69 years old when he was admitted to the Emergency Department on 25th June 2016 with diabetic ketoacidosis. Radiology on the 25th June, which was not formally reported, showed bilateral pleural effusions more marked on the right plus prominent hilae and upper lobe blood diversion.

He was initially managed in the Emergency Department. The diabetic ketoacidosis responded well to treatment with a fixed rate insulin infusion and intravenous fluids and had resolved within approximately 12 hours of admission.

Mr H’s fixed rate insulin infusion should have been discontinued and, as he was eating and drinking, he should have resumed treatment with his usual subcutaneous insulin, combined with close monitoring of his oral intake, and blood glucose and ketone levels.

Unfortunately, Mr H’s fixed rate insulin infusion was not discontinued. He remained on the high dose insulin infusion for 2 further days and, as a result, he continued to receive excessive intravenous fluid infusions with both dextrose and saline. Mr. H became fluid overloaded with a positive fluid balance of over 19 litres.

Mr. H’s clinical condition deteriorated three days after his admission. His respiratory and heart rate increased and he suffered a fall in blood pressure and temperature. Radiology revealed a significant worsening of bi-basal pleural effusions. He was treated for fluid overload, but did not respond. His condition deteriorated and he passed away on the evening of 28th June 2016 as a result of congestive cardiac failure.

How We Helped

Mr B contacted Co-op Legal Services and spoke with Medical Negligence Solicitor Daniel Comerford who noted all the details, recorded Mr. B’s concerns and provided Mr B with specialist legal advice free of charge.

Mr B then instructed Co-op Legal Services to deal with his Medical Negligence Claim and Solicitor Daniel Comerford wrote to the Defendant inviting early admissions of liability and requesting copies of Mr H’s medical records. The Defendant admitted liability for the claim.

Daniel reviewed Mr H’s medical records, along with similar medical negligence claims and the amounts of compensation awarded in these cases. Daniel then prepared a Schedule of Loss and provided a copy to the Defendant who subsequently settled the claim.

The Outcome

As the deceased was divorced and had non-dependant adult children, there was no entitlement to a bereavement award and there was no financial dependency claim. A lot of firms do not take fatal claims on where there is no bereavement award and financial dependency due to the limited amount of compensation available, but we were able to take it on and provide access to justice for the family.

Mr B recovered £8,500 in compensation which included reimbursement to the family of the funeral expenses they had incurred.

At Co-op Legal Services our Medical Negligence Solicitors offer free legal advice to people who may have suffered clinical or medical negligence. Most claims can be dealt with on a No Win No Fee basis.

For a free consultation with a Medical Negligence Solicitor call 0330 606 9673 or contact us online and we will help you.

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