Sarah O'Sullivan, Author at Tees Law

Bright graduate died after GP practice dosage error

Posted on 28 January 202130 March 2025 by Sarah O'Sullivan

West Sussex Assistant Coroner Ms Henderson has concluded an Inquest into the tragic death of a 30-year-old man who had been receiving medication for severe back pain at a village medical practice. It points to shortcomings in the treatment given by the practice in Loxwood.

This week’s hearing and an adjourned hearing at Crawley in January learned that Leeds University graduate Hamish Hardie died in August 2019 at the family home in Wisborough Green from an accidental overdose of prescribed painkillers, for which the dosage label was unclear.

Hamish required pain relief for severe back pain caused by two prolapsed lumbar vertebral discs, for which he was waiting for private surgery, and was dealt with at Loxwood by a qualified doctor who was in his final year of GP training under the supervision of a senior GP.

Dosage not specified

The doctor prescribed two opiate painkillers, Dihydrocodeine and Oramorph, as well as the relaxant Diazepam. The prescription for the Oramorph on the label tragically said it should be taken as directed, which was unclear. Sadly, this was also not identified by the dispensing practitioner within the pharmacy at the practice.

Hamish’s mother Mary-Anne took responsibility for administering the medication, but the uncertainty about the Oramorph label and reliance on Hamish for dosage details meant that more frequent and higher doses were given.

Sadly, Hamish died two days later and a post-mortem confirmed that the primary cause was a prescription drugs overdose, which the Coroner concluded was accidental. The trainee and supervising GPs did not recall seeing an alert on the medical records and the computer system meant that with an Oramorph prescription its labelling default standard was ‘use as directed’.

“We still feel that Hamish was badly let down that day and that his life was unnecessarily cut short by medical failings,” Mary-Anne Hardie reflects. “It was May 2019 when Hamish developed back pain from a suspected slipped disc. That was confirmed on an A&E visit in June, when he was given Diazepam and put on the list for a possible operation. We are disappointed that the GPs did not see the alert on the computer and that if the labelling and prescription advice had been clear, or the pharmacy had spotted the inconsistency, then we feel that Hamish would still be here as he was looking forward to job interviews and a new chapter in his life.”

A ‘perfect storm’

Specialist solicitor Tim Deeming of Tees Law adds: “The Coroner described this as a perfect storm and it is tragic that the GPs did not know that the labelling system defaulted, and that the pharmacy did not then spot this.

“While we are glad to know that the Loxwood Medical Practice has made significant changes to procedures following Hamish’s death we all hope that the NHS and GPs will take steps when providing such prescriptions to provide clear guidance on use, as well as checking computer systems to ensure that other families do not have such devastating outcomes.”

Mother seeks inquest answers over 2016 Corrie McKeague disappearance

Posted on 28 January 202130 March 2025 by Sarah O'Sullivan

The anguished mother of a serviceman who went missing after a night out four years ago hopes that an inquest, which was announced yesterday (5 November) and ordered by the Chief Coroner despite no body being found, will provide answers about what happened to her son.

A painstaking search for 23-year-old Corrie McKeague grabbed national headlines in September 2016 when he failed to return to his base at RAF Honington, Suffolk, after an evening in Bury St Edmunds ten miles away.

CCTV footage last pictured Corrie in a bin area behind some shops in Bury, which led investigators to search a landfill site near Cambridge on two occasions in an unsuccessful quest to establish whether he had been carried off on a waste lorry.

Solicitors instructed

Other investigations and multiple appeals for information about Corrie’s disappearance were inconclusive, but his mother Nicola Urquhart has remained determined to find out what happened and has instructed solicitors to help her press for answers.

“Corrie’s mother wishes to ensure that all the right questions are asked and answered as fully as possible at the inquest scheduled to be undertaken at Ipswich Coroner’s Court early next year,” explains inquest specialist Tees Law.

“The inquest will be an ideal opportunity to bring together the various strands of investigation. Tees Law will support the family throughout what will be an emotional, but we hope fruitful, process for them.

“We shall be doing our utmost to assist the investigation in exploring every aspect of this tragic mystery so that all relevant circumstances are put before the Coroner to enable important conclusions to be drawn.”

If you would like to contact us about a news story, please visit our Media Enquiries page for contact details.

Tees is awarded Customer Service Excellence standard

Posted on 6 January 202130 March 2025 by Sarah O'Sullivan

Tees Law, an award-winning, Top 200 law firm with offices throughout Hertfordshire, Essex and Cambridgeshire, is delighted to have been successfully awarded the Customer Service Excellence standard.

The accreditation requires organisations to undergo a rigorous assessment process involving interviews with clients and employees conducted by a qualified assessor, on-site visits and an in-depth examination of those areas of the business deemed to be a high priority for customers – namely delivery, timeliness, information, professionalism and staff attitude. The accreditation lasts for three years, with holders subject to annual re-assessment.

Mike Harris, Customer Service Manager at Tees, said: “Client experience is at the heart of everything we do, which is why we are so delighted to have achieved this prestigious accreditation. We always tell our clients to ‘expect more’ from us, and the Customer Service Excellence award not only demonstrates that we are attaining those high standards set, but also gives our clients reassurance that we are continually striving to put them first, at every touchpoint on their journey with us.”

Tees has consistently received excellent client feedback in the annual rankings of specialist directories such as the Legal 500 and the Chambers and Partners guide to the legal profession. In this year’s Legal 500 results, many of the comments received from clients praised the firm’s client-centred approach: “I was delighted with the service that was received from the team at Tees”, “Our experiences of all aspects have been excellent”, and “Tees is highly professional, responsive and client-friendly.”

Group Managing Director, Ashton Hunt, said he was “bursting with pride” when he announced the firm’s achievement. He explained: “This award comes as a result of a thorough and detailed assessment of the whole firm’s approach to delivering a first-class service to our clients, and every single member of our team should take enormous pride in receiving it. It’s a recognition of all the hard work that everybody is doing and proof that putting client experience at the heart of our strategy is woven into our very fabric.”

Looking to the future, Ashton says the firm remains positive about the year ahead: “Our aim going forward is to continue to improve the experience we seek to deliver for every Tees client. We have learned a great deal from how we have been able to continue to deliver for our clients during the pandemic, and our experiences are helping to drive further improvements to be implemented across the business. Our core strategy remains: to continue to invest in the best technology to support our outstanding people, who are focused on delivering an exceptional experience for our clients.”

Widow secures six figure sum after 5 year delay in diagnosing husband’s brain tumour

Posted on 17 December 202018 May 2025 by Sarah O'Sullivan

Nick’s Tragic Story: A delayed diagnosis and its consequences

Nick suffered a massive stroke when doctors attempted to remove a tumour that should have been diagnosed and treated several years earlier. Tragically, he passed away a few years later from a cardiac arrest.

Pursuing a Medical Negligence Claim

Janine Collier, Partner in Tees’ medical negligence team, supported Nick’s widow in pursuing a claim against Nick’s optician and ophthalmologist. The claim was based on a delay in investigating a visual field defect, a known indicator of a brain tumour.

A life full of promise

Nick, a man in his 40s, was fit, healthy, and happily married to Barbara. He had always worked hard to provide for his family, and together, they looked forward to a long and fulfilling retirement.

However, their plans were shattered when Nick was diagnosed with a brain tumour and subsequently suffered a catastrophic stroke due to surgical complications.

The initial warning signs

Years before his diagnosis, Nick visited his local optician for blurred vision in one eye. After conducting a visual field test, the optician diagnosed him with a lazy eye. Despite Nick’s concerns, the optician referred him to the ophthalmology department at his local hospital.

The ophthalmologist concluded that Nick had impending presbyopia, a common age-related vision condition, and discharged him without further investigation.

A devastating diagnosis

More than five years later, Nick experienced blurred vision, speech difficulties, and weakness in his arm and leg. Brain imaging revealed a pituitary adenoma, a brain tumour pressing on critical structures.

As Nick’s condition worsened, he underwent surgery to remove the tumour. Due to its size and invasiveness, only a partial removal was possible. Sadly, during a subsequent surgery, Nick suffered a major stroke, causing permanent damage.

Living with the aftermath

The stroke left Nick with severe mobility and vision impairments. No longer able to work, he relied heavily on Barbara for care. Despite these challenges, the couple faced their new reality together.

Unexpectedly, Nick passed away four years later from a heart attack.

How Tees supported Nick and Barbara

Nick and Barbara were devastated by the diagnosis and its consequences. They suspected the tumour should have been identified sooner and approached Tees for legal advice.

Janine Collier said, “When I met Nick and Barbara, I was struck by their resilience and devotion to each other. I wanted to help them understand what had happened and ensure they had financial security for the future.”

After reviewing the evidence, Janine discovered that the optician had detected a visual field defect—a clear sign of a brain tumour. However, this critical information was not relayed to the ophthalmologist, who failed to investigate further.

Had the tumour been diagnosed earlier, it would have been smaller, making surgery less complex and preventing the stroke. Nick would have retained his vision and avoided the life-altering consequences.

Seeking justice

Both the optician and the hospital denied liability, leading to court proceedings. The case was eventually settled after Nick’s passing.

Barbara later expressed her gratitude: “You really have made things as painless as possible, Janine. It’s been hard without Nick, but I know he’d be pleased that I don’t have to worry financially and can support our daughters.”

Compassionate legal support from Tees

At Tees, we understand the emotional and financial toll of medical negligence. Our experienced clinical negligence lawyers are here to provide compassionate support and guide you through every step of your claim, from the initial consultation to achieving a financial settlement.

If you believe you or a loved one have suffered due to medical negligence, contact our team today to discuss how we can help you seek justice.

Looking to secure new business premises? You need a good set of Heads of Terms

Posted on 13 December 202019 March 2025 by Sarah O'Sullivan

The pandemic forced us to make fundamental changes to the way we all live and work which has in turn, created new challenges but also opportunities for businesses of all sizes to think about how and where they do business. Many of us have got used to working from home but for most retail, manufacturing, hospitality and even some service industries, this is simply not an option, so business premises will be needed.

In order to ensure your commercial property transaction (whether it be the grant of a lease, transfer of an existing lease, purchase of a freehold or anything related) is as streamlined as possible, well-drafted Heads of Terms are essential.

In this article Jane Winfield, Partner and expert commercial property lawyer, highlights how Heads of Terms can bring clarity and focus for both parties in the transaction, as well as provide the basis for subsequent negotiations.

What are Heads of Terms?

Heads of Terms are essentially a document which sets out the terms of a commercial transaction that are agreed in principle between the parties involved. As commercial property lawyers, if we are provided with comprehensive Heads of Terms, this will enable us to create a legal document that accurately reflects what each party is looking to achieve in the transaction and the parties can then agree how to proceed by way of a definitive agreement.

If you’re about to undertake a commercial property transaction, talk to us today.

What makes good Heads of Terms?

There are different Heads of Terms for different transactions. Where the grant of a lease is involved, there are a number of items you will need to consider; you may need to take advice from a number of different sources including your legal adviser, surveyor, bank (if loan finance is needed), building contractor, architect or accountant.

Such items include:

Property – What are its boundaries? Are you taking on responsibility for the interior and exterior under a lease? What about air space above? Do you need rights of access over adjoining property or the landlord’s property? Where will you be able to park? Are you expecting the have the benefit of any other areas outside of the property boundary? Do you want to be able to build upwards?
Title to the property – What legal estate or title are you acquiring? Does the freeholder have a good title to the property? If you are being granted a lease, does the “owner” own the freehold or itself have a leasehold title? If the latter, does the consent of another landlord need to be obtained? Will there be a need to enter other separate documents with third parties, for example, deeds of covenant?
Length of term of a lease – How long are you likely to want to remain in that property? Do you want to have the ability to stay at the end of the length of the term of the lease? Do you expect to be able to vacate easily at the end of the term or do you want the right to remain at the property and to build your business and goodwill?

In commercial property leases it is common for the parties to agree a term of, say, 10 years but to include a right for the tenant to break the lease after the first five years of the term. This is called a “tenant break right”.

If you want flexibility, should you be thinking about requesting a break right? Is it reasonable for the landlord also to be granted a break right? If so, what is the quid pro quo for the landlord having flexibility? What conditions are to be attached to the exercise of the break right? How often would you want to have the break right available and on what period of notice should it be exercised? Is the break right to be personal to you as the tenant or to anyone who may take the lease from you in the future?

Repair – What part of the property are you responsible for in terms of repair and other tenant covenants? Is it the interior only or the entire building? If the latter, is there a service charge? If the property is not in a great state of repair, do not assume that you have to give it back to the landlord in a similar state of repair!
Assignment and subletting – Can you transfer the lease to a third party or sublet either the whole or part to a third party? Please note that even if you can, you will be responsible for the landlord’s costs.
Alterations and fit-out – Do you have plans to carry out fit-out works at the property when you move in? If so, you should get those details agreed with your prospective landlord as part and parcel of the lease negotiations so that you can avoid having to make a separate application to the landlord for consent at a later stage. Do you want to have the ability to carry out general alterations without landlord’s consent (and thus having to pay the landlord’s legal and professional costs)?
Rental – What is the agreed level of rental? You will need to take specialist advice on this. Will there be a rent review and how will that rent review be dealt with? Is it on an open market “upwards only” basis or an RPI increase linked basis? Should you be seeking a rent-free period?
Other security – Will the landlord expect other security, for example, the payment of a rent deposit or the provision of guarantors? How long will the landlord hold the deposit for? Who could stand as guarantor if the landlord requires this?
Service charge – Even if you believe that you will only be responsible for the repair of the interior of a property as a tenant, it is possible that you will also have to contribute towards the repair of the exterior and any other facilities under a service charge. Do you know enough about the potential service charge before you enter into the lease negotiations? Is it appropriate to request a service charge cap or a carve out of service charge liability in the Heads of Terms Agreement?
Insurance – Who will be insuring the premises and what is the cost of the premium? What risks are covered?
Permitted use – What can you use the property for and will this give you enough flexibility to be able to transfer the lease in the future? What is the impact of the permitted use on rent review provisions?
Costs – Is each party to be responsible for payment of its own costs in connection with the preparation of the legal documentation? A tenant might be asked to make a contribution towards the landlord’s costs or to give an undertaking to be responsible for the landlord’s costs if the tenant withdraws from the transaction. Have you allowed for this within your cashflow?

Are Heads of Terms legally binding?

It is important that all correspondence relating to any proposed property transaction is marked “subject to contract” so that there is no possibility that the heads of terms become legally binding and therefore constitute a contract in themselves. Also, be aware that a contract or a lease does not have to be written for it to be binding.

Here to help

At Tees, we are very happy to advise you on Heads of Terms once they have been drafted, outlining any particular concerns and identifying any areas where further clarification is needed. We’re here to ensure you’ll be well set up for the property side of your exciting new venture.

We have many specialist lawyers who are based in:

Cambridgeshire: Cambridge
Essex: Brentwood, Chelmsford, and Saffron Walden
Hertfordshire: Bishop’s Stortford and Royston

But we can help you wherever you are in England and Wales.

Tees secured a six figure settlement after client told of miscarriage and ectopic pregnancy overlooked

Posted on 28 October 202018 May 2025 by Sarah O'Sullivan

Devastated by delayed diagnosis: Emma’s ectopic pregnancy misdiagnosis claim

Emma was left heartbroken when a delay in diagnosing her second ectopic pregnancy resulted in the removal of her remaining fallopian tube, leaving her infertile. With the compassionate support of Gwyneth Munjoma, a solicitor in Tees’ Clinical Negligence team in Chelmsford, Emma pursued a successful medical negligence claim against the NHS Trust responsible for her care.

A hopeful start turned tragic

Emma and her husband Simon had been eager to start a family. After experiencing two pregnancy losses, including one due to a previous ectopic pregnancy that required the removal of one fallopian tube, the couple remained hopeful. With only one remaining tube, they were determined to grow their family, though the fear of further complications lingered.

Following her first ectopic pregnancy, Emma received clear medical advice: if she became pregnant again, she should seek immediate medical attention for close monitoring.

Misdiagnosis and missed opportunities

When Emma discovered she was pregnant once more, she quickly attended the hospital. At five weeks pregnant, she reported slight vaginal bleeding but no pain. She was reassured and scheduled for a follow-up scan in five days. Despite her concerns, doctors advised her to return only if her symptoms worsened.

At her next scan, no embryo was detected in her womb. Despite a positive pregnancy test, doctors concluded that she had miscarried. Emma was instructed to undergo blood tests every 48 hours to monitor her hormone levels. To her confusion and distress, each test confirmed that her hormone levels were rising, indicating an ongoing pregnancy.

A devastating diagnosis

Four days after her third hospital visit, Emma began experiencing severe abdominal pain and significant bleeding. She rushed to A&E, where further scans revealed the heartbreaking truth — she was experiencing a second ectopic pregnancy. Her only remaining fallopian tube had ruptured, necessitating emergency surgery to remove it. The procedure left Emma unable to conceive naturally.

Pursuing justice with Tees

Struggling to come to terms with their loss, Emma and Simon approached Tees for legal advice. Gwyneth Munjoma took on their case, determined to uncover what went wrong. Independent medical experts confirmed that Emma’s care had fallen below acceptable standards. Had her ectopic pregnancy been diagnosed earlier, appropriate treatment could have preserved her fertility.

Faced with overwhelming evidence, the NHS Trust admitted full liability for the failings in Emma’s care. Gwyneth successfully negotiated a six-figure settlement, providing Emma and Simon with the financial means to explore alternative fertility options.

Supportive and experienced legal guidance

At Tees, we understand how deeply personal and emotional medical negligence claims can be. Our experienced clinical negligence solicitors are here to provide compassionate, expert legal support to those who have suffered from misdiagnosed ectopic pregnancies and other medical errors.

If you believe your medical care has fallen below standard, we’re here to help. Contact Tees for a confidential consultation and let us guide you through the process of making a medical negligence claim.

All names have been changed to protect confidentiality.

Misdiagnosed ectopic pregnancy resulted in major emergency surgery

Posted on 27 October 202018 May 2025 by Sarah O'Sullivan

Carol suffered a ruptured ectopic pregnancy after her symptoms were wrongly treated as a urinary tract infection.

Gwyneth Munjoma, solicitor in Tees’ clinical negligence team, helped her client to pursue a claim against the NHS Trust after her fallopian tube ruptured and had to be removed.

Carol and David were ecstatic when they discovered that she was pregnant. Like most modern-day women, to avoid any doubt and in a bit of disbelief, Carol carried out a few home pregnancy tests which were all positive. Things were going well until Carol was about 4-5 weeks pregnant. Out of the blue, she developed very severe pain in her lower tummy on the right side, her right shoulder tip and her rib cage. Her tummy also felt very bloated. Worried about this, Carol immediately attended A&E at her local hospital where she clearly described her symptoms and informed the triage nurse and the doctors that she was about 4 -5 weeks pregnant.

Sent home without adequate advice

Despite having no signs or symptoms of a urine infection, Carol was advised that she most likely had a urinary tract infection. The doctors completely ignored the fact that she was pregnant so failed to consider that the symptoms she had could be of an ectopic pregnancy (ectopic pregnancy occurs when a fertilised egg attaches itself somewhere outside of the womb (usually in the fallopian tube) and begins to grow). Carol was discharged home on a course of oral antibiotics with an extra course of antibiotics to take if after completing the first course the “urinary tract infection” did not resolve. Carol was not given any advice about watching out for the symptoms of ectopic pregnancy and returning to be checked if the antibiotics did not resolve her symptoms.

At home, Carol took the antibiotics as prescribed but continued to experience the same amount of pain. As advised by the A & E doctor when her pain did not resolve after completing the first course of antibiotics, she went on to take the second course of antibiotics.

HSIB found that a failure to adequately escalate care in pregnant mothers was a recurring theme in their 2021/22 Maternity Investigations.

With the symptoms that Carol had described, it is expected that a referral to a specialist early pregnancy assessment clinic and an ultrasound scan to confirm her pregnancy plus follow up blood tests every 48 hours would have been arranged

About two weeks later Carol suddenly experienced excruciating pain in her tummy, and pain in her ribs and shoulder. She felt nauseous, went pale and was shivering and sweating. Painkillers did not relieve her pain. She made an emergency appointment with her GP who suspected a ruptured ectopic pregnancy. The GP immediately arranged for an ambulance and Carol was blue lighted to a hospital different from the one she had originally attended. At the hospital, Carol was informed that she had suffered a ruptured ectopic pregnancy, was in a state of shock and needed to be operated on immediately. She was rushed to the operating theatre where severe bleeding in her tummy obstructed the surgeon’s view. The keyhole surgery was therefore turned into an open tummy operation. Her fallopian tube was removed, and she required a blood transfusion.

Carol found herself in a frightening and life-threatening emergency. She was devastated not only to have lost her much awaited baby, but also her fallopian tube, potentially affecting her future fertility.

How we helped

Carol and David contacted our medical negligence team as despite starting to process and recover from their traumatic experience they found themselves questioning the quality of care and attention Carol had been given by the healthcare professionals who had attended to her.

Gwyneth Munjoma, solicitor in Tees’ clinical negligence team, Tees Said “looking at Carol’s situation, I wanted to help Carol and David understand what had gone wrong and how her care could have been better, in the hope that lessons would be learned from Carol’s experiences and that no one else would face the same situation that she had in the future”

Carol made a complaint against the NHS Trust which was upheld.

Gwyneth gathered evidence and sought independent expert medical advice to support Carol’s claim. The independent medical expert advice as to the standard of care and treatment that Carol ought to have received which would have saved her fallopian tube. The expert further advised that if Carol had been given proper care and treatment, not only would her fallopian tube have been saved but also that she would have avoided the major surgery and the life-threatening situation that she found herself in.

A legal claim was then made against the NHS Trust. In response, the Trust admitted full liability for the substandard care accorded to Carol and the consequences of that substandard care.

Gwyneth negotiated a settlement for Carol who received enough compensation to enable her to access treatment to help her come to terms with what had happened and to positively plan for her future.

The care that Carol received raised several questions and the Trust’s early admission of liability was a welcome acknowledgement of what had gone wrong with the care given to Carol.

Caring and sensitive support with Tees

Whatever your situation, our legal specialists are here to help guide you. Our expert clinical negligence lawyers will handle your ectopic pregnancy misdiagnosis claim from the initial consultation through to financial settlement.

*All names changed for confidentiality

Timely treatment might have saved devoted wife and grandmother

Posted on 26 October 202030 March 2025 by Sarah O'Sullivan

A retired wife and grandmother tragically died in hospital after multiple opportunities were missed to administer appropriate treatment that could have saved her life, an inquest at the Suffolk Coroner’s Court in Ipswich concluded after a two-day hearing.

HM Senior Coroner for Suffolk, Nigel Parsley, heard that 61-year-old grandmother Karen ‘Jane’ Winn from Northwold near Thetford, Norfolk, died at the West Suffolk Hospital in Bury St Edmunds on Monday 15 April 2019, four days after being diagnosed with a suspected urinary tract infection by her GP.

Jane was prescribed antibiotics by her GP on 11 April, but she returned next day as she was by then very unwell. She was referred straight to hospital and admitted the same day. That evening a senior medical consultant diagnosed Jane’s condition as haemolytic anaemia, a serious blood disorder.

Haemolytic anaemia depletes oxygen-carrying red blood cells and medical staff identified that Jane was at risk of developing a deep vein thrombosis, which can result in a life-threatening pulmonary embolism if a blood clot reaches the lungs. So, correct intervention at that point was vital for Jane.

Once the haemolytic anaemia diagnosis had been made, the immediate response should have involved blood transfusions plus ‘prednisolone’ steroids and folic acid. Anticoagulant medication was intended to be given, subject to the result of a repeat blood test to assess internal bleeding risk.

Anticoagulant delayed

Jane initially received only blood transfusions and antibiotics. Not until 14 April were steroids and folic acid administered, whilst no prophylactic anticoagulant was given until 15 April, by which time it was too little, too late to disperse any blood clots that had formed during the previous 72 hours.

An automated venous thromboembolism (VTE) risk assessment warning system is embedded into the electronic patient monitoring for all patients. Disturbingly, this VTE system was manually overridden 58 times between 12 and 15 April, despite Jane’s increased risk of blood clots.

Sadly, soon after transfer to the intensive care unit and an hour after her first and only dose of anticoagulant, Jane suffered a fatal cardiac arrest. This was the outcome that Jane’s distraught husband Brian and the wider family had feared and one they believe could have been avoided.

“We are bitterly upset that such an essential part of the treatment available for Jane’s illness wasn’t used promptly,” says a close family member. “The right diagnosis was made, but life-saving medication was given too late, despite repeated reminders. Our hope now is that lessons learned will prevent the same thing happening to anyone else.”

Significant blood clots

The primary cause of death, a bilateral pulmonary embolism, with deep venous thrombosis and haemolytic anaemia as contributory causes, was confirmed at post-mortem. Widespread pulmonary emboli in the lungs and significant blood clots in veins of the upper leg were both evident.

In summary, the Coroner concluded that Jane’s death resulted from the progression of a naturally occurring illness, contributed to by the non-administration of medication to prevent blood clots despite being earlier identified as essential for her treatment; the latter amounted to neglect.

Tees Law, acting for the bereaved family, comments: “A venous thromboembolism risk assessment is mandatory for all patients admitted to hospital and should be completed within hours of admission. It was wholly unacceptable for the assessment alert to have been overridden 58 times over those four days. The Coroner’s finding of neglect acknowledges the total failure to give Jane basic medical treatment that would ultimately have increased her chances of survival.”

Read the full story here.

If you would like to contact us about a news story, please visit our Media Enquiries page for contact details.

Alleged delays in diagnosis and treatment of sepsis following gallbladder surgery

Posted on 9 September 202018 May 2025 by Sarah O'Sullivan

Alison’s experience with sepsis sfter gallbladder surgery.

Alison* underwent a laparoscopic cholecystectomy (keyhole surgery) to remove her gallbladder at a private hospital. Although the surgery seemed successful, Alison developed sepsis in the days that followed. Four years later, she continues to experience its effects and remains unable to return to full-time work as a dental nurse.

Early signs of sepsis ignored

Following her discharge, Alison quickly became unwell. She experienced severe abdominal pain, shakiness, nausea, and bruising on her abdomen. Despite contacting the hospital multiple times, her concerns were dismissed. Her condition deteriorated significantly before she was eventually readmitted for observation.

Failure to diagnose sepsis

At the hospital, Alison displayed classic symptoms of sepsis, including a high temperature, increased heart rate, and a raised white blood cell count. However, the hospital’s Sepsis Screening and Action Tool was not followed, and no diagnosis of sepsis was made. Instead, the doctor concluded that there was “probably not a serious abdominal complication.”

An ultrasound scan was performed the next day, but this test alone was insufficient to diagnose or rule out infection. A CT scan, which would have been more appropriate, was not conducted at this stage.

Continued deterioration and delayed treatment

Despite her worsening condition, Alison did not receive a clinical review on the sixth day post-operation. Although antibiotics were eventually administered, they came too late to prevent further complications.

On the seventh day, a CT scan confirmed the presence of infection. However, Alison’s doctor reassured her that it was not serious. By the eighth day, she collapsed, and one of her keyhole wounds burst. Emergency surgery was finally carried out on the ninth day to drain a massive abscess.

Escalation and further treatment

Alison’s condition remained critical. She required urgent transfer to an NHS hospital, where she underwent additional procedures to manage the infection. She spent time in the High Dependency Unit, endured further surgeries, and required multiple abdominal drains.

Ongoing impact on Alison’s life

Alison’s recovery has been slow and challenging. Her primary wound was left open, and she experienced long-term fatigue, anxiety, and depression. Despite her dedication to her profession, she has been unable to return to full-time work.

The psychological trauma of her ordeal, including a fear of death and health-related anxieties, has also had a profound effect on her daily life.

Seeking legal support

When Alison approached us, we identified two main areas of concern:

Delayed diagnosis and treatment: Alison exhibited clear signs of sepsis, yet these were ignored for days.
Effectiveness of subsequent treatment: The delay in draining the infection may have worsened her condition.

Had sepsis been promptly diagnosed and treated, Alison may have avoided her collapse, emergency transfer, and the need for further invasive procedures.

Raising awareness about sepsis

Alison is now passionate about raising awareness of the importance of early diagnosis and treatment of sepsis. In support of World Sepsis Day, she hopes her story can prevent others from enduring a similar experience.

Expert opinion

Katheryn Riggs, Associate in the Medical Negligence team at Tees, stated:

“The consequences of delaying the diagnosis and treatment of sepsis can be fatal; 20% of deaths worldwide are associated with sepsis. Time is of the essence to halt the patient’s deterioration and to maximise the best chances of recovery.”

How our sepsis negligence solicitors can help

Professional guidelines on sepsis diagnosis and treatment are clear, but errors still occur. When negligence leads to harm, we can help.

You may have a claim if:

Your diagnosis was delayed, leading to further complications.
You were misdiagnosed, resulting in inadequate or delayed treatment.

Our experienced solicitors are here to listen, support, and provide expert legal advice. We’ll help you get the answers you deserve.

*Name changed to protect client confidentiality.

Weight loss surgery (or bariatric surgery): Medical negligence claims

Posted on 2 September 202018 May 2025 by Sarah O'Sullivan

Bariatric surgery is recognised by NICE as one of the most cost-effective healthcare interventions to reduce the risk of obesity-related diseases and death.

NHS statistics on obesity, physical activity, and diet (published on 5 May 2020) show a consistent increase in hospital admissions directly attributable to obesity since 2014. Similarly, the number of obesity-related bariatric surgery admissions in the NHS has risen. The primary goals of surgery are significant weight loss and the improvement or reversal of obesity-related conditions, such as high blood pressure and type 2 diabetes.

Despite the increasing number of procedures performed on the NHS, many patients ineligible for NHS treatment choose to pay for private bariatric surgery

Weight-loss surgery and medical negligence claims

While bariatric surgery is often an effective solution for weight management, it requires a lifelong commitment to lifestyle changes for lasting results.

Surgical procedures carry inherent risks, and mistakes can have serious, life-changing consequences. If you believe negligent treatment has caused you further suffering, or if you were inadequately informed about potential complications, you may be eligible to bring a claim within three years of the negligence. Our expert solicitors can guide you through the process.

Sarah Stocker, Solicitor in Tees’ Medical Negligence Team, explains the risks and complications that can arise from bariatric surgery.

Considerations before surgery

Weight-loss surgery is typically considered if:

You have a body mass index (BMI) of 40 or more, or a BMI between 35 and 40 with a serious health condition that could be improved by weight loss.
You have tried non-surgical treatments (e.g., dietary improvements and exercise) for at least six months without significant success.
You are healthy enough to undergo the surgery.
You commit to long-term follow-up treatments and lifestyle changes.
You undergo a psychological assessment to evaluate your suitability and motivation.

Types of bariatric surgery

Bariatric surgery involves altering the digestive system to reduce food intake and promote weight loss. Common procedures in the UK include:

Gastric band insertion: An adjustable silicone band is placed around the stomach to create a small pouch. It reduces the amount of food needed to feel full. The band can be adjusted using a small device under the skin.
Gastric bypass: The upper part of the stomach is stapled to create a small pouch, which is connected to the small intestine, bypassing the rest of the stomach. This reduces calorie absorption and increases fullness.
Sleeve gastrectomy: A large portion of the stomach is removed to create a smaller stomach. This procedure is irreversible, and long-term data on weight regain is limited.

Risks of bariatric surgery

When considering surgery, it is essential to weigh the risks of the procedure against the long-term health risks of severe obesity, including strokes, heart attacks, cancer, and diabetes. Common risks include:

Infection
Anaesthetic complications
Blood clots in legs or lungs
Internal bleeding
Damage to internal organs
Nutritional deficiencies
Gallstones from rapid weight loss
Psychological challenges, including depression or self-harm

Informed consent process

A comprehensive informed consent process is crucial. Your surgeon should explain the specific risks and benefits of the procedure, as well as any patient-specific concerns.

Gastric band insertion: Patients should be informed about the need for multiple adjustments, the risk of infection at the band or port site, tubing issues, and the potential for band slippage or erosion.
Gastric bypass: Patients should understand the risk of dumping syndrome, anastomotic leaks, and internal herniation, along with the requirement for lifelong vitamin supplementation and regular blood tests.
Sleeve gastrectomy: Patients should be made aware of the irreversible nature of the procedure and the risk of staple line leakage.

Additionally, all patients should be advised about the possibility of weight regain and the likelihood of loose skin, which may require plastic surgery.

Common bariatric surgery negligence claims

Negligence claims may arise from:

Substandard surgical performance
Failure to promptly diagnose or treat post-operative complications, such as infections or malnutrition
Delayed recognition and treatment of internal organ damage
Incorrect gastric band placement leading to blockages or additional procedures
Mismanagement of band slippage
Incomplete gastric bypasses or staple line issues causing leaks
Delayed identification of leaks leading to severe complications and further surgery

Compensation for negligence

In addition to compensation for physical and psychological injuries, claims may cover financial losses and expenses, including:

Loss of earnings
Transport costs
Private medical expenses
Care, support, and assistance costs

Making a Medical Negligence Claim

We understand that making a complaint about medical treatment can be overwhelming. However, pursuing a claim can provide financial support and hold negligent providers accountable. If you have suffered injury or financial loss, we are here to help you navigate your claim.

Contact our expert team of solicitors today for guidance and support.

Resolving high-income divorce challenges and future income concerns

Posted on 13 August 202018 May 2025 by Sarah O'Sullivan

The division of assets is one of the main issues to resolve during divorce proceedings. For people with very high incomes and substantial assets, and their spouses, being able to reach a fair financial settlement is, understandably, a key concern, given the number of potentially complicating factors and levels of income that need to be taken into account.

Decisions as to what happens to future income is often where there is most difficulty in reaching an agreement in a divorce settlement involving a high-earning spouse. This is particularly so where complex reward structures are involved that are not fully understood by one if not both spouses.

Failure to fully take into account incentive and performance reward packages can have significant implications on the outcome of a divorce settlement and risk restricting either party’s choices in the future, so you must seek specialist legal advice.

Incentive payments and performance payments not yet realised

There may be circumstances where there are financial resources in place through incentive and performance reward packages which originated during the marriage, although they are not immediately available at the time of the divorce settlement.

Such financial resources may well be shared in a divorce to achieve fairness between the earning and non-earning spouse.

Incentive and performance reward packages are aimed at attracting and retaining the best talent and are likely to be nuanced from firm to firm and industry to industry. However, enhanced remuneration structures do tend to follow certain themes, such as:

Share options (or stock options)

Share option schemes are typically used as an incentive for employees. A share option is the right to buy a certain number of company shares at a fixed price at some point in the future. Share option schemes often come with tax incentives.

There are different share option schemes you may come across such as Company Share Option Plans, Enterprise Management Incentives, Nil-Cost and Nominal Costs Options, Share (Stock) Appreciation Rights, Sharesave Share Option Schemes and ‘Phantom’ Options.

Long-term incentive plans

A long-term incentive plan (LTIP) is a term that is commonly used among listed companies to describe executive share plans under which a company makes share-based awards to senior employees with a vesting period of at least three years. Such structures are also often called ‘performance shares’ or, in the US, ‘restricted stock units’.

Again there are often tax efficiencies to these schemes. LTIPs are not restricted to rewards in shares; cash also features in these reward structures.

Management incentive plans

A management incentive plan (MIP) most often refers to a scheme where the equity is allocated to senior management in a privately owned business. The company is likely to be owned by a private equity house and the equity would vest with the senior management in the event the private equity house sells its share the business or the company is floated on the stock market.

Performance bonuses

A form of additional compensation paid to an employee or department as a reward for achieving specific goals or hitting predetermined targets. A performance bonus is compensation beyond normal wages and is typically awarded after a performance appraisal and analysis of projects completed and/or financial targets met by the employee over a specific period.

Sharing of payments – what to consider?

There is a distinction to be made between those sums payable under such incentive or performance schemes which realise a value in the future with no further input from the earning spouse and those which require further endeavour after the marriage is over to realise their maximum potential.

This will affect how the income derived from such sources will be treated in a divorce settlement.

The timing of payments will also be a consideration. A performance bonus might be shared if it is awarded close in time to the end of the marriage, however, it is less likely to be shared if awarded well after the relationship is over.

As a general rule, it is possible to share in the benefits of such schemes even following divorce, however, consideration will be given to the value or opportunity which arose during the marriage against any extra input required by the earning individual to realise an enhanced value at a later date and whether this can be justified by reference to needs.

Future maintenance provisions

It is not always the case that in divorce, one party must pay the other an amount out of their income in the future. There has been a general movement away from maintenance being “for life,” with courts preferring to award maintenance as a shorter-term stepping stone to help the non-earning spouse transition into financial independence. In some circumstances, long-term maintenance can be required as part of a fair outcome in a divorce.

There are two classes of maintenance – child maintenance and spousal maintenance. The two combined are often referred to as global maintenance. Where spousal maintenance features, a settlement or court order tends to be based on two principles:

what each party might need to live on in the future;
whether it is appropriate for each party to share in future financial resources.

It should be stated that future earnings or earning capacity, whilst relevant, is unlikely to be considered a matrimonial asset to be shared and so ongoing maintenance must be linked to a demonstrable income ‘need’ rather than a sense of entitlement or sharing.

Complex arrangements require specialist advice

The issue of the future value of income in divorce proceedings is complicated for both the earning and non-earning spouses, and specialist advice should be sought as soon as possible.

At Tees, our expert legal advisers work to ensure a fair financial settlement so that future needs can be met according to the financial resources available. We also work closely with financial advisers in our Wealth Management team where needed. They will ensure that any future financial planning considerations are taken into account so you both have a clear view of your financial future.

NHS Early Notification Scheme (ENS)

Posted on 20 July 202018 May 2025 by Sarah O'Sullivan

The NHS Early Notification Scheme investigates the events surrounding the birth of a child who has suffered potentially severe brain injuries (most commonly cerebral palsy) at birth.

This process means families can find out what happened and why relatively quickly after birth. An advantage of proceeding under the ENS is that the facts are fresh in everyone’s minds and it reduces the stress for the family. Where negligence by clinical staff is established, an apology is offered to the family and financial support and advice are given to help them care for their child throughout the child’s lifetime. Read more about the NHS Resolution Early Notification Scheme.

Does the Early Notification Scheme cover all brain injuries at birth?

No. Not all cerebral palsy cases fall within the Early Notification Scheme – the Scheme is limited to those that fall within the reporting criteria and guidelines. There are three categories that the ENS can work on:

grade 3 Hypoxic Ischaemic Encephalopathy (HIE) – which is if the baby’s brain is deprived of sufficient oxygen and blood flow;
babies who were therapeutically cooled by a clinician using active cooling – this can prevent HIE by lowering the baby’s temperature to 33 degrees Celsius; and
circumstances in which the baby is comatose or has seizures or has hypotonia (decreased muscle tone), which can cause them to be ‘floppy’.

Information about the categories are available on the NHS Resolution website.

Birth injury claims that fall outside of this scheme take many more years to investigate. In introducing the Early Notification Scheme, NHS Resolution acknowledges the need for families to avoid going through a lengthy and stressful legal process.

Is cerebral palsy covered by the Early Notification Scheme (ENS)?

Cerebral palsy is a common birth injury in the UK, but it is complex to diagnose its cause. Cerebral palsy may be diagnosed as a result of one of the circumstances listed in the three ENS categories, but at least one of those must be present for the ENS to apply.

Cerebral palsy is caused by an injury to the brain which can occur: if the brain fails to develop normally in the womb; or if there is a problem during the birth, or just after the baby is born. Establishing the precise cause of cerebral palsy is complex, and you should always seek specialist legal advice if your child has suffered a brain injury around the time of his or her birth.

What if my child’s case is not eligible for the Early Notification Scheme?

If this has happened, it is because the brain injury that your child suffered at birth, wasn’t within one of the three categories that the ENS covers. However, this is not a barrier to making a medical negligence claim.

Call us so we can help you find out what happened, and if there are grounds for a medical negligence case, claim for financial compensation to support you and your child.

Get specialist, independent legal advice

NHS Resolution expects families to seek independent legal advice. We strongly advise that if you have a baby injured at birth, you seek professional specialist legal advice as soon as possible. This is a complex area of law and you will need expert support to navigate it effectively. Our lawyers at Tees can provide you a wide range of support and guidance during the process.

Working out the extent of the brain damage your child has suffered and how that might change in the future is complex. Our legal experts work alongside some of the leading healthcare and accommodation experts in the country to make sure all future eventualities are considered. Our aim is to secure a full financial compensation package to ensure your child’s future needs are met and he or she can achieve his or her full potential.

Funding your claim

Our specialist solicitors will provide an initial free assessment of your claim. We work on a no win, no fee basis or arrange legal aid (where possible), so there’s no need to worry about costs.

How does compensation help?

If your baby has sustained a brain injury, this is of course extremely upsetting. While compensation cannot directly make that better, it can help immensely with the practicalities of day-to-day life. Once funds have been secured, you can pay for the care you child will need, which is likely to include:

medical treatment and/or physical therapies
a package of care
equipment, such as a wheelchair or specialist computers for communicating
building work to adapt your house so it is suitable for your child’s needs, so that they can move around freely as they grow older.

Our lawyers work with case managers who will ensure your family has access to support in the community. We can liaise on your behalf with a range of providers who can provide care, rehabilitation and general support; these include a range of charities and public and private care facilities.

Financial support all in one

At Tees we have independent financial advisers who can advise on the management of the compensation fund to make sure there are sufficient assets to provide lifelong care and support for your child. With expert management, the funds can be managed to ensure they don’t run out.

If your child is unlikely to be able to manage their financial and legal affairs in the future, they will need a Court appointed Deputy. This is something we can help with.

We can also help you set up a Personal Injury Trust to manage the money and protect any family entitlement to means tested benefits. If you would like us to, one of our specialist lawyers can be a trustee of this trust (alongside you) so we can continue to support you as you make future decisions.