CLINICAL NEGLIGENCE

Daniel Snee and Kirsty May Speakman, Luke Musson, Lucy Musson-Snee -and-Blackpool Teaching Hospitals Nhs Foundation Trust
Claim arising out of death of patient who died from septicaemic shock 8 ½ hours after delivery of her second child. Liability denied. Complex expert evidence in obstetrics and microbiology. The claim settled for £296,000.

Mrs SD And Dr Gupta And Others (Confidential)
Claim arising from treatment received over a 20-year period from GPs, practice nurses, podiatrists and vascular surgeons. As a result of negligent treatment over a 20-year period, the Claimant underwent bilateral above knee amputations.

H.L. (Adminstrator Of The Estate Of E.L. Deceased) – And – Liverpool Women’s University Hospital Nhs Foundation Trust (Ongoing) (Confidential)
The claim concerns serious brain injury suffered 90 minutes after birth following a failure to diagnose a congenital abnormality (micrognathia and glossoptosis secondary to Robin sequence). Liability and quantum disputed.

Mrs LF -and Ramsay Health Care Uk Operations Limited (Confidential)
The Claimant is one of a large number of patients who has been left with life-changing chronic symptoms arising out one of over 50 cases of pelvic implant surgery in which Kevin is currently instructed.

Master Jsa (By His Mother and Litigation Friend Mrs S.A.) -and- St Helens And Knowlsey Hospitals Nhs Trust.
The claim arises out of brain injury suffered at birth resulting in very severe disability. Liability and quantum are disputed. The claim is likely to have a value in excess of £20M.

C v Blackpool Teaching Hospitals NHS Foundation Trust and others
“Wrongful birth” claim concering the birth of twins both of whom suffer from hereditary spastic paraplegia. The alleged negligent treatment took place in the 1980s and the claim proceeds against 7 defendants – hospital clinicians, GPs and practice nurses. Liability recently compromised the Claimant agreeing to accept 65% of the value of the claim. Quantum valued in excess of £15M.

France v West Sussex Hospitals NHS Trust
The Claimant, a 35 year old lady underwent radical pelvic surgery as treatment of endometriosis. The surgery was carried out by an internationally renowned specialist. The Claimant suffered bowel injury and she required a permanent colostomy. The allegations of negligence focussed on the issue of consent and the failure to undertake a risk/benefit analysis of the various potential treatment options. The claim was vigorously defended. The claim settled for £675,000.

McDaid v Pennine Acute NHS Trust
The Claimant, a fit and active 82 year old lady underwent lobectomy as treatment for carcinoma of the lung. The histology reporting and clinical management was negligent. In fact the tumour was benign. The claim settled for £200,000.

Roberts v University of Morecambe Bay NHS Trust
The Claimant, a 20 year old lady suffered from dental mal-occlusion. She underwent 2 attempts at bi-maxillary osteotomy with a poor result. The claim was concerned with the issues of consent and the technical performance of the procedures. The claim settled for £55,000.

Hartley v Blackpool Fylde & Wyre Teaching Hospitals NHS Foundation Trust
The 35 year old female Claimant suffered life-threatening intra-abdominal sepsis as a result of anastomotic leakage following an elective anterior resection. She required multiple further operations and suffered a recto-vaginal fistula, para-colostomy and incisional herniae and she has a permanent colostomy. Breach of duty and causation were robustly denied. Causation was complex, the Claimant arguing that her main injury (the inability to restore gastro-intestinal continuity) was materially contributed to by the negligent delay in diagnosing the anastomotic leak. The claim settled at a JSM for £250,000.

Daniels v Dr Hadoke The 22 year old Claimant suffered injury 12 years ago whilst working as an aircraft engineer in the RAF. He suffered avascular necrosis of the right (dominant) scaphoid and ultimately required a wrist fusion, as a result of failure to diagnose a scaphoid fracture. The Defendant was working as a GP sub-contracted to the MOD. The Claimant had to overcome significant limitation difficulties, the index treatment having taken place over 12 years ago. The Claimant succeeded at the trial of the preliminary issue of limitation. After detailed quantum investigations, the claim settled at a JSM in the sum £310,000.

Fahey v (1) Bolton Salford & Trafford Mental Health NHS Trust (2) Trafford Borough Council. The case concerned a 5 year old girl who was stabbed to death in a ritualistic killing, by her mentally ill mother. Kevin represented the victim’s father in the civil claim, having earlier represented the family throughout the statutory Inquiry which heard evidence over several months. The civil claim was settled for a substantial (confidential) sum, shortly before trial.

Bravo v Royal Brompton and Harefield NHS Foundation Trust The 79 year old male Claimant underwent elective coronary artery bypass grafting [CABG] followed by a revision operation. He suffered an adverse reaction to the sternal wires and clips used in the operation, both of which are standard components used throughout the NHS. The case concerned issues of informed consent and the technical performance of the 2 operations. Liability and causation were denied. After lengthy negotiations, the claim settled, the Claimant accepting £75,000 in damages.

Rafferty v Dr Weis Negligent delay in diagnosing and treating the deceased’s malignant melanoma. Liability and causation admitted following service of proceedings. Quantum is yet to be determined. Claim settled for £750,000.

COSMETIC SURGERY

Kevin has been instructed in over 100 cosmetic surgery cases in the past 2 years. The cases cover the entire spectrum of cosmetic surgery including laser eye surgery, face lift, brow lift, blepharoplasty, rhinoplasty, facial fillers, mastopexy, breast augmentation, buttock augmentation, abdominoplasty, Plasmalite (laser hair removal), liposuction etc. Examples:

S v (1) Dr Kramer (2) Dr Alexandrides (3) 111 Harley Street Clinic Ltd (4) American Cosmetic Surgery Clinic Ltd. A novel and complex cosmetic surgery claim. The 39 year old female claimant underwent buttock augmentation with insertion of implants. The claim proceeded against 4 defendants: the operating surgeon; a different surgeon who treated the Claimant post- operatively and the 2 companies responsible for the clinic where the Claimant received treatment. The claim required expert evidence in cosmetic surgery, microbiology and clinical psychology. The issues included the technical performance of the original operation and the failure to offer adequate post-operative treatment together with complex  causation issues. The treatment in question took place over a 2 year period, encompassing over 40 consultations. Liability and causation were robustly denied by each defendant. The claim settled, the Claimant accepting an offer of £70,000 in damages.

Raper v (1) Dr Almeida (2) The Hospital Medical Group Limited The 25 year old female Claimant underwent breast augmentation. The issues in the claim against the operating surgeon included pre-operative consent and the performance of the index operation. The claim against the Second Defendant alleged breach of contract, both in relation to the definition of “Surgeon” within the Second Defendant’s standard terms and conditions and breach of section 13 of the Supply of Goods and Services Act. The claim had wide implications for the Second Defendant, a national provider of cosmetic surgery, since it was alleged that the surgeon selected by the Second Defendant and advertised on its website was not adequately trained and qualified. The claim was robustly defended by both Defendants. The claim settled on the first day of the trial, the Claimant accepting an offer of £100,000.

Pennington v Dr Paul McArthur The 56 year old female Claimant underwent a facelift operation performed by the Defendant. The claim concerned issues of informed consent relating to the positioning of the operation scar and the technical performance of the operation. The claim was robustly defended, the Defendant being anxious to protect his professional reputation. The trial took place over 3 days. The claim succeeded and the Claimant was awarded damages in the sum of £30,000.

Simpson v (1) Dr Khalid Khan (2) Optical Express Limited The 36 year old male Claimant underwent laser eye treatment [LASIK (Laser Intrastromal Keratomileusis)] performed by the first Defendant on behalf of the Second Defendant. He was left with a significant visual defect. The underside of the corneal flap had been negligently lasered by the First Defendant before being replaced, producing a contour deformity which was the cause if the visual defect. Liability was denied by both Defendants. Following exchange of expert evidence the case settled, the Claimant accepting £100.000 in damages.

REPORTED CASES

Carr v Stockport Health Authority CA (Civ Div) 23/03/1999 Severe birth injury.

(1) Ann Enright (2) John Enright v (1) Dr Kwun (2) Blackpool Victoria Hospital NHS Trust [2003] EWHC 1000 (QBD) Wrongful birth. Birth of child with Down’s Syndrome following failure to provide appropriate antenatal screening.

Casey v East Lancs HA [2004] EWHC 289  Causation. Delay in diagnosing ganglio-neuroblastoma. Glass v Surrendran [2006] EWCA Civ 20 Extension of time for service of Claim Form.

Hullock v East Riding of Yorkshire County Council [2009] EWCA Civ 1039 Costs.

The Shipman Inquiry Kevin was involved in the Shipman Inquiry over a period of 4 months, representing Dr  Alan Banks, an employee of West Pennine Health Authority who assisted the Police in their initial investigation into Shipman, 6 months before his eventual arrest.

Inquiry into the death of Chloe Fahey Kevin represented the father of Chloe Fahey, a 5 year old girl who was stabbed to death in a ritualistic killing, by her mentally ill mother. The wide ranging Inquiry heard evidence over several months and in the Inquiry Report, widespread criticisms were made against the police, mental health personnel and social workers who missed crucial warning signs of her deteriorating mental health.