Aortic dissection medical negligence claims

Aortic dissection is a serious condition that can impact at any age.

It is essential that aortic dissection is detected early, as when treated quickly there is a very good chance of survival. Sadly, when delays in diagnosis happen it can lead to catastrophic outcomes.

Jacob Hassan was a father of two, who died after having an aortic dissection aged 62.

Jacob, a keen cyclist who regularly cycled 100 miles a week, had worked as a GP for over 30 years before taking early retirement. He lived in Cambridge with his wife, Sharon, and loved visiting his grandchildren in Indonesia and Australia.

His death followed a trip to A&E after Jacob had experienced intense chest pain. He was discharged with a diagnosis of “non-specific chest pain” without being offered the scan that would have saved his life.

What is aortic dissection?

Aortic dissection occurs when there is a partial tear in the aortic wall. The aorta is the main artery that carries blood away from the heart. If a tear develops, it can allow blood to leak into the aortic lining, which can create a false channel between the inner and outer layers.

Many of the symptoms of aortic dissection are similar to those of other heart problems like heart attacks. Usually, the first sign of an aortic dissection is abrupt and severe chest, back or abdominal pain. The sensation is often described as ripping or tearing.

How is aortic dissection diagnosed?

Aortic dissection is not common and it can also be difficult to diagnose. That’s why it’s so important to have a specialist CT scan. In Jacob’s case, this could have been performed on-site to provide a quick and definitive diagnosis. When diagnosed and treated quickly, the survival rate for aortic dissections is better than 80%.

According to the Aortic Dissection Charitable Trust, however:

  • 33% of sufferers are misdiagnosed
  • 2,000 people die each year from aortic dissection in the UK

Like Jacob, most patients with aortic dissection suffer sudden severe chest pain, which can settle completely after a few hours. Routine tests carried out in the Emergency Department can come back normal. Only a specialist CT aortogram can conclusively say one way or the other whether a patient has an aortic dissection.

Case study of failure to diagnose aortic dissection

Jacob’s story is tragic and his death avoidable.

On a cycle ride from Cambridge, Jacob had to pull over because he was breathless. For an experienced cyclist like Jacob, this was an unusual occurrence. That same evening, he complained of chest pains, telling his wife Sharon to call an ambulance.

By the time he arrived at Addenbrooke’s Hospital’s A&E Department his chest pain was intense. The triage nurse noted the pain was stabbing in nature and radiated to the back – both classic symptoms which should have alerted staff to the need for a CT scan.

Jacob was given painkillers and a chest X-ray but was discharged without being offered a CT scan. A common scenario with aortic dissection is that it can be dismissed because patient doesn’t seem ill enough.

The pain subsided but Jacob continued to lack energy over the next few days. Then, one evening, his wife Sharon returned home to find Jacob collapsed and unresponsive. He died later that night.

Classic signs of aortic dissection missed

The decision to discharge Jacob without offering him a CT scan, despite his unexplained chest pains, was a tragic mistake. According to the coroner, a CT scan would have led to a diagnosis of aortic dissection and saved Jacob’s life.

The Coroner’s Record of Inquest noted that “The presentation of chest pain being severe, sharp, and radiating to his back was indicative of acute aortic syndrome… and should have triggered CT aortography at the hospital which would have confirmed the presence of such a dissection.

“This would have necessitated emergency cardio thoracic surgical intervention and on balance, Jacob would have survived such a procedure.”

Cambridge University Hospital NHS Foundation Trust failed to offer a CT scan and there was also a communication issue with the A&E department not being able to access to the electronic notes of the ambulance crew.

Seeking justice and raising awareness

With the help of Partner Tim Deeming in our medical negligence team, Sharon Hassan is proceeding with her case.

Once the Coroner commenced the inquest investigations, independent experts confirmed Jacob’s death could have been avoided if the cause of severe chest pain had been thoroughly investigated.

Through the case we aim to raise awareness of the effectiveness of CT scans in identifying aortic dissection.

As Sharon said: “Unless the Health Authority has a system to offer a scan to all those presenting with chest pain that cannot be explained by a heart attack, pneumothorax or pulmonary embolism, tragedies will continue” she said. “I just want to ensure no family has to go through what mine has.”

Tim Deeming, Partner acting for the family added: “It’s vital we raise awareness through shared knowledge. As a lawyer supporting families who have had such challenging circumstances, it is through shared experiences we can improve services and learn.”

“It’s about systems and it’s about support… we hope wider training can be provided about Jacob’s circumstances and we want to create a legacy so that CT investigations for aortic dissection are considered basic and fundamental to rule out.”

Medical negligence advice and help

Our medical negligence solicitors are devoted to achieving the support our clients and families need. If you or your family has been affected by potential concerns regarding your medical care, we can support you on your journey.

 

UK logistics company Trans Orbis Forwarding Limited fights procurement fraud

Trans Orbis Forwarding Limited, a UK-based haulage company, has become the (almost) forgotten victim of a scam involving a European freight exchange.  Our dispute resolution team has been steering them through this tricky and stressful situation.

Fraudulent activity on haulage booking platform

Timocom is the largest transport web platform in Europe, allowing jobs for hauliers to be posted and booked on its site. A fraudster succeeded in setting up a fake profile, which claimed to be our client and started accepting genuine bookings from third party suppliers to transport loads from one destination to another across Europe. These were genuine jobs that the fraudster was then paid for.

The fraud was simple:  a third party would instruct the ‘Fake Company’ to take a load from, say, Spain to Italy. ‘Fake Company’ would then post the job on Timocom posing as Trans Orbis Forwarding Limited, even using our client’s directors’ name with fake email addresses and telephone numbers. An unsuspecting haulier who had returned to Spain having completed a job in France would then, with an empty rig, pick up the job from Timocom and take the load from Spain to Italy. The third party would then pay ’Fake Company’ for the job, which had legitimately been carried out, and ‘Fake Company’ would then disappear. The unsuspecting haulier would, in the meantime, raise an invoice to our client Trans Orbis Forwarding Limited, who had no knowledge of the job whatsoever, having never been involved in any European haulage!

Trans Orbis Forwarding Limited faced with huge invoices and threats of court proceedings

Trans Orbis Forwarding Limited owner Dave Shaw first sought out the advice of our dispute resolution team having received a worryingly large number of high value invoices for work they had no involvement with, along with letters threatening court action.

Tees support Trans Orbis Forwarding Limited

Polly Kerr, a Senior Associate in our dispute resolution team, set about reporting the matter to the fraud office, and investigating the origin of the claims, which involved resolving a number of jurisdictional issues since the fraud was being perpetrated in Europe. Letters were issued to hauliers across Europe who have invoiced our client for work they were led to believe was carried out. One such haulier said he would be financially ruined because he has never received payment. Another company has recently issued proceedings in Romania and Polly has used our connections to work with a law firm based there and is assisting with the court proceedings process.

Future consequences of the fraud

On the case, Polly said: “This is a clever fraud and whilst our client’s losses are thankfully minimal, hauliers across Europe are being stung multiple times. No one has issued proceedings in England yet but it’s only a matter of time”.

Polly is working with Trans Orbis Forwarding Limited to raise awareness of this kind of procurement fraud within the logistics sector so that other haulage businesses may avoid encountering similar issues. Polly commented: “Ultimately Timocom need to step up on their due diligence. We have been putting pressure on them through this matter to improve their service – we know that this is not an isolated incident as hauliers across Europe have also been affected.” 

Our client’s words

Transorbis Forwarding Limited owner Dave Shaw said: “I am so pleased I found Polly and she was able to guide me through this situation. She even found me an English-speaking lawyer in Romania to assist with the proceedings over there. It is a huge relief to be able to send over any potential claims and for Polly to act very swiftly to bat them away and sign post unsuspecting hauliers to the requisite authorities.”

This type of fraud could affect freight forwarders, dispatchers or any company working in manufacturing and trade sectors.

Contact us now if you think you might have been affected by any kind of fraud in the logistics sector.

One farming family, over 30 years of trusted legal and financial advice

For over three decades, Tees has provided expert legal services to multiple generations of the Miller* family, a prominent agricultural family with extensive farming, land and property interests located across several English counties.

Our senior partner and specialist in rural succession and estate planning, Catherine Mowat, has worked closely with the Millers for many years, helping them capitalise on opportunities for efficient estate planning and take advantage of valuable Inheritance Tax reliefs.

Alongside Catherine’s team, our Commercial Property, Residential Property, Commercial and Wealth Management teams have worked together collaboratively in order to help the Miller family effectively manage their business and property interests.

Passing assets on to the next generation

Catherine has worked extensively with the Millers over a number of years to put in place comprehensive arrangements that will enable more senior family members to pass on their assets effectively to future generations, whilst minimising the Inheritance Tax (IHT) payable on their estate.

The family were advised to make substantial lifetime gifts to their children and grandchildren, enabling assets to be passed on to younger generations in a controlled way.

  • How does Inheritance Tax (IHT) work?

IHT is a tax on the capital value of assets (including money, property and possessions) either when somebody has died or on some gifts made during lifetime.  On death, it is generally payable at a rate of 40% on all assets over the value of £325,000, although there are exemptions and reliefs that can be used to lessen the amount due. Another way of reducing the IHT payable on your estate is to make lifetime gifts.  If you make gifts more than seven years before you die, there will usually be no IHT due on these gifts on your death.  If tax does arise, only gifts given less than three years before you die attract the full 40% IHT rate, making lifetime gifts an excellent opportunity for passing on assets to minimise tax.

These lifetime gifts also caused the estate value belonging to the children to rise, increasing their IHT liability. Here, our Wealth team stepped in to help set up suitable life insurance arrangements, written in trust to minimise the impact of a significant tax bill.

  • Why should I write my life insurance policy in trust?

Writing your life insurance in trust is a way to avoid paying IHT on the eventual payout. When you place an asset into a trust, you essentially give up ownership of that asset to the trust and appoint trustees to oversee it (this can be a solicitor, like Catherine, or somebody else). As the assets (in this case, the life insurance policy) don’t officially belong to you, they aren’t classed as being part of your estate and are therefore not subject to IHT.

Catherine has also worked with the Millers to draft essential estate planning documents such as Wills and Powers of Attorney, and acts as a trustee for the various trusts within which the family’s business and property assets are held. Her many years spent advising this family have enabled her to build a strong relationship with the Millers, bound by mutual trust and respect.

Taking advantage of Inheritance Tax (IHT) relief

Over the years, our Wills, Trusts and Probate team has worked closely with the Millers to ensure their entitlement to valuable IHT reliefs. For example, Catherine’s advice has enabled the family to take full advantage of Agricultural Property Relief (APR) on their eligible assets.

  • What is Agricultural Property Relief (APR)?

APR allows farming families to pass on agricultural property at a reduced or 0% rate of IHT, either during a person’s lifetime or in their Will. To apply for APR, the land or property must have been owned for at least seven years, or occupied for two years and must be used for growing crops or rearing animals, or take the form of farm buildings, cottages or houses. It does not apply to farm equipment or machinery, derelict buildings, harvested crops or livestock. APR can be due at 100% or 50%, depending on the circumstances.

Catherine also regularly reviews the balance of the Millers’ business activities to ensure that no entitlement to Business Relief (BR) is lost, by using the ‘Balfour’ test.

  • What is Business Relief (BR)?

BR allows business owners to pass on certain business assets at a reduced or 0% rate of IHT, either while they are still alive or via their Will. The owner must have owned the assets for at least two years before they died for them to be eligible. BR is due at 100% for:

  • A business, or interest in one
  • Shares in an unlisted company

It is due at 50% for:

  • Shares controlling over 50% of the voting rights in a listed company
  • Land, buildings or machinery owned by the deceased and used in a business in which they were a partner or controlled
  • Land, buildings or machinery used in the business and held in a trust the business has the right to benefit from

To be eligible for BR, a business must also be classed as a predominantly trading business. However, many farms are becoming increasingly diversified, with activities such as cottage rentals and holiday lets shifting the balance from trading to investment.

Catherine used the Balfour test to assess the Millers’ farming business and used the results to advise the family on achieving the best balance between trading versus investment activities within the farming partnership for BR purposes.

Strategic land and property solutions

Our Commercial Property team regularly steps in to assist the Miller family in matters relating to the lease or sale of land and properties, which include a range of sites with commercially let units, and other strategic deals such as granting options. Rural specialists within our Commercial Property team will negotiate and facilitate these various land transactions.

An example of the type of planning advice we offer might be in relation to land owned by a family trust on which planning permission has been obtained for development. In this situation our Corporate team would step in to advise on the incorporation of a ‘freezer’ company.

The team would also prepare bespoke articles of association, ‘freezing’ the value of certain interests in the company in order to cap ownership. This ensures that the growth and value of the land will be passed on to the next generation tax-efficiently and limit their IHT liability.

  • What is a ‘freezer’ company?

Also known as a family investment company (FIC), a ‘freezer’ company is essentially a private limited company whose shareholders are all family members. Commercial solicitors can help the family prepare bespoke articles of association that set out the rights and interests each party holds within the company. For example, the parents can set themselves up as voting shareholders – thus maintaining control over the company – but ‘freeze’ the value of their interests in the company to cap their ownership.

Meanwhile, the children can be non-voting shareholders but own the majority of the shares, allowing the growth and value to pass on tax-efficiently to the next generation. This makes ‘freezer’ companies an ideal vehicle for intergenerational wealth management, allowing assets to be passed on during your lifetime whilst still retaining control of them. If you live for more than seven years after setting up the company, no IHT will be due (according to the rules of lifetime gifting).

A full- service firm rural families can depend on

For over a century, Tees has been a trusted partner to farming families like the Millers, helping them pass the family business from generation to generation. In this time, our agricultural specialists have developed a unique understanding of the challenges facing the rural community.

From tailored business advice to passing your land and assets tax-efficiently to the next generation, our specialist agricultural lawyers can help you navigate the complex relationship between business, land and family interests.

*Please note that the family’s name has been changed for anonymity. 

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

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.

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

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

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 Munjomasolicitor 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

Alleged delays in diagnosis and treatment of sepsis following gallbladder surgery

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:

  1. Delayed diagnosis and treatment: Alison exhibited clear signs of sepsis, yet these were ignored for days.
  2. 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.

Contact us today for a free, no-obligation consultation.

*Name changed to protect client confidentiality.

Six-figure settlement for delayed diagnosis of breast cancer claim

Tees has successfully settled a delayed diagnosis of breast cancer claim against Addenbrooke’s Hospital in Cambridge for a six-figure sum. The case involved Claire Radcliffe, who faced a devastating delay in receiving a correct diagnosis, significantly impacting her treatment and prognosis.

Initial misdiagnosis and delayed treatment

In 2012, at the age of 22, Claire Radcliffe discovered a breast lump. Living in Cambridge, she was referred by her GP to Addenbrooke’s Hospital. Unfortunately, her ultrasound scan was misreported, diagnosing a benign 10mm lump. Claire was reassured and subsequently discharged.

In April 2014, Claire experienced concerning symptoms, including fatigue and a newly inverted nipple. After another referral to Addenbrooke’s, she was diagnosed with a 10cm invasive cancer that had spread to her lymph nodes. She underwent radiotherapy, chemotherapy, a double mastectomy, and immediate reconstruction, followed by hormone treatment.

The impact of a delayed diagnosis

Had Claire been correctly diagnosed in 2012, the cancer could have been treated with a less invasive procedure, removing only the lump. A timely diagnosis would have prevented the need for extensive surgery, chemotherapy, and radiotherapy. Claire’s likelihood of a complete cure at that point was approximately 95%.

The 17-month delay, however, has significantly increased her risk of recurrence. Despite her resilience, Claire now faces ongoing uncertainty regarding her health and the potential for future treatment.

Legal action and settlement

Following a four-year legal battle against Addenbrooke’s, Tees successfully secured a six-figure settlement for Claire. Importantly, if her cancer recurs, Claire will have the right to pursue further compensation. The settlement also provides financial security for her and her family, particularly as Claire hopes to have children in the future.

Raising awareness: The importance of breast checks

Now 29 years old, Claire lives in Newmarket with her long-term partner, Timothy. After returning from a round-the-world trip, she is passionate about sharing her story to encourage other young women to prioritise their health.

Claire emphasises the importance of regular breast checks and trusting personal instincts:

“I was very young, just 22, when I developed cancer. It’s really important that women in their 20s realise that just because you’re young it doesn’t mean that you can’t get breast cancer.” “If you find any changes, seek help straight away. Trust your gut instinct. You know your own body – if something feels wrong, don’t hesitate to challenge your doctors.”

Legal perspective

Janine Collier, Claire’s lawyer at Tees, praised Claire’s courage:

“Claire is an incredibly brave young woman. It has been a privilege to help her seek justice and secure a fair financial settlement for the significant impact of her delayed diagnosis.”

Collier further commented on the case:

“The Trust Protocol limited the investigations due to Claire’s young age, relying solely on a physical examination and ultrasound scan. The scan was misreported, leading to the failure to perform a biopsy. The Trust has admitted that a biopsy would have identified the cancer earlier. They have apologized for this error and reviewed the case to prevent similar mistakes in the future.”

Looking forward

While the NHS continues to provide essential care, Claire’s case highlights the importance of vigilance in diagnostic processes. Medical professionals are encouraged to learn from these incidents to ensure better outcomes for patients.

To learn more about Claire’s journey, visit the BBC website where her story is featured.

Coroner calls for changes after suicide verdict in Matthew Arkle inquest

A coroner’s inquest has concluded with a verdict of suicide in the case of Matthew Arkle, 37, who died in April 2017 at Wedgwood House in Bury St Edmunds. The mental health unit is operated by Norfolk & Suffolk NHS Foundation Trust.

Family’s concerns and missed warnings

Matthew was admitted to Wedgwood House in February 2017 after an overdose. His family and care coordinator reported a decline in his mental health, with worsening auditory hallucinations and increased smoking, which impacted his medication’s effectiveness.

Despite concerns expressed by his family and care coordinator, Matthew was granted an hour of unescorted leave on April 4th. His family had explicitly requested that he not be allowed unsupervised leave as they were away in London and feared he might feel abandoned. However, the inquest revealed that the nurse who approved the leave was unaware of these concerns.

Tragic discovery

When Matthew failed to return from his leave, the police were alerted. His mother was informed only after his absence had been reported. By the following day, the police upgraded his risk level to high. Tragically, on the morning of April 6th, Matthew’s body was discovered within the grounds of Wedgwood House, near the car park.

Questions remain unanswered

Tim Deeming, a Partner at Tees Law, represented Matthew’s family during the inquest. He highlighted the family’s concerns regarding several unanswered questions and systemic failures at the hospital.

“The Court heard about repeated failures, including poor record-keeping, inadequate communication, and the disregard of the family’s explicit requests. Matthew’s care coordinator, who had known him for years, had warned that his mood was at its lowest. Yet this vital information was not acted upon,” Deeming said.

He further criticised the hospital’s delayed response, noting that earlier police involvement may have increased the chances of finding Matthew alive.

Family’s heartfelt response

Matthew’s mother, Sheila, expressed her grief:

“We thought Matty was safe because he was in the hospital. He was let down by those entrusted with his care. If changes are made to prevent another family from going through this pain, Matty’s life will have left a legacy.”

Coroner’s recommendations

The coroner will submit a Prevention of Future Deaths report to ensure lessons are learned. The jury highlighted the following critical failures:

  • Inadequate record-keeping
  • Poor verbal and written communication
  • High stress levels and activity on the ward
  • Delayed response to Matthew’s disappearance
  • Inappropriate timing of his unescorted leave

Support and contact

Matthew’s family has requested privacy and asked that all media inquiries be directed to Tim Deeming at Tees Law: tim.deeming@teeslaw.com.

For free, confidential support regarding medical negligence, please reach out to legal or mental health professionals.

Delayed sepsis diagnosis in children: A Portsmouth family’s heartbreaking experience

The dangers of delayed sepsis diagnosis and treatment in children were tragically highlighted in the case of 19-month-old Lilly Reynolds from Portsmouth. In November 2017, Lilly’s family endured a harrowing three-day ordeal as her condition worsened, leading to a critical sepsis diagnosis that could have been prevented with earlier intervention.

The early signs and missed opportunities

Lilly, a previously healthy child with no history of medical issues, first developed a fever and showed signs of erratic breathing and low fluid intake. Her parents sought medical advice by calling 111 on November 4, 2017. The advice given was to visit an out-of-hours surgery, where a GP diagnosed a mild upper respiratory tract infection. Lilly was prescribed paracetamol and ibuprofen, with instructions to seek further medical help if her condition deteriorated.

Though there was slight improvement initially, Lilly’s condition quickly worsened by the following day. She developed a rash on her face, torso, and behind her ears, became lethargic, refused fluids, and had dry nappies. Concerned, her parents took her to the St Mary’s Hospital Walk-in Centre, where she was diagnosed with tonsillitis and prescribed antibiotics. The doctor, however, also consulted Portsmouth’s Queen Alexandra Hospital (QAH), where Lilly was advised to attend for further examination.

At QAH, a consultant ruled out the need for antibiotics, believing the infection was viral. Lilly was discharged later that evening with an open-access 72-hour follow-up, just in case her condition worsened.

The deterioration of Lilly’s condition

Unfortunately, within 24 hours, Lilly’s condition significantly deteriorated. Her parents returned to QAH, where after an initial examination, Lilly was left unattended in her pushchair for several hours. Despite her visible distress, there was little communication from the medical team. At around 2 a.m., a doctor administered a throat spray in an attempt to ease her discomfort, but shortly thereafter, Lilly was sent home with no clear diagnosis.

By midday, Lilly’s condition had worsened further. Her lips turned blue, and her oxygen levels dropped. This prompted a rapid intervention, and Lilly was rushed to the resuscitation room. Broad-spectrum antibiotics were administered, and an x-ray revealed pneumonia and a large buildup of fluid in her lungs. The specialist at Southampton General Hospital (SGH) advised immediate transfer.

A life-threatening situation

Upon arriving at SGH, Lilly’s condition was dire. Her parents were informed that Lilly may lose her leg due to the arterial line placed during her transfer, which had impaired blood flow to her foot. Lilly was later diagnosed with sepsis and pneumonia, and 650ml of fluid was drained from her lungs. The medical team acted swiftly to save her life.

The long-term impact

Though Lilly survived the ordeal, she has been left with lasting health concerns. Her mother, Danielle Barter, expressed the family’s distress: “The whole experience was extremely frightening, and we wouldn’t want any parents to go through what we did. Thankfully, Lilly has recovered from pneumonia and sepsis, but the prognosis for her foot and leg remains uncertain.”

The importance of early sepsis diagnosis

Lilly’s case underscores the importance of early diagnosis and treatment for sepsis. Sepsis, a life-threatening condition caused by infection, is responsible for more deaths in the UK than breast, bowel, and prostate cancer combined. Experts, including Janine Collier, Executive Partner and Head of the Medical Negligence Department at Tees, emphasise the importance of adhering to guidelines issued by the Sepsis Trust and NICE to help healthcare professionals recognise the signs of sepsis early and initiate the correct treatment.

Janine Collier added: “Sepsis is a medical emergency, and early recognition can make all the difference in preventing long-term complications or even death. We will be closely reviewing the facts of Lilly’s case to determine if her treatment was delayed unnecessarily.”

This case serves as a stark reminder of the potential consequences of failing to act on early signs of sepsis, especially in vulnerable children. Early intervention not only saves lives but also maximises the chances of a full recovery without lasting complications.

One year old Scarlett loses foot and fingertip to sepsis: A mother’s story

In March 2018, Natalie Atkins’ one-year-old daughter, Scarlett, fell seriously ill after showing signs of sepsis. Despite seeking medical help, Scarlett’s condition worsened, ultimately leading to the amputation of her left foot and the tip of one of her fingers. Natalie shares her harrowing experience and highlights the critical importance of recognising sepsis in young children.

Scarlett’s symptoms: A rapidly worsening condition

On March 18, 2018, Natalie noticed Scarlett’s alarming symptoms: a high fever, persistent cough, and a red pin-prick rash spreading across her chest, tummy, and back. Scarlett’s feet were bluish-purple and mottled, and her hands and feet felt cold. She was unusually lethargic, disoriented, and refused to eat or drink. Worse still, Scarlett had not passed any urine.

Concerned, Natalie immediately called NHS 111 at 12:18 pm. They advised her to bring Scarlett to the hospital’s Urgent Care Centre within the hour. However, upon arrival, they faced a long wait to see a doctor, during which Scarlett’s condition rapidly deteriorated, making it difficult for her to breathe.

A misdiagnosis and growing concerns

Once seen by a doctor, Scarlett was diagnosed with a sore throat and a viral rash. The doctor suggested they return home and prescribed antibiotics, only advising use if Scarlett’s throat showed signs of infection. But after a restless night, with Scarlett vomiting twice, Natalie grew more concerned. The next morning, Scarlett’s condition had worsened, and she was floppy and disoriented.

After speaking with her GP, Natalie managed to secure an earlier appointment. However, Scarlett’s condition continued to decline. Her lips turned blue, and she struggled to breathe. In a state of panic, Natalie called her GP again, and Dr. Parry urged her to bring Scarlett in immediately.

Life-saving intervention: Sepsis diagnosis

Upon examining Scarlett, Dr. Parry quickly diagnosed septic shock — a life-threatening complication of sepsis characterised by dangerously low blood pressure. Scarlett was immediately transferred by ambulance to Lister Hospital, and from there, she was quickly transferred to Great Ormond Street Hospital. Doctors feared Scarlett might not survive the journey.

Intensive treatment and devastating loss

At Great Ormond Street, Scarlett received life-saving care, including multiple antibiotics, chest drains, and numerous X-rays. Unfortunately, the sepsis had caused severe damage, leading to the amputation of Scarlett’s left foot and the tip of one of her fingers. Scarlett also endured extensive scarring and skin grafts, with more surgeries likely in her future.

The long road to recovery

Before her illness, Scarlett was a typical one-year-old, beginning to walk, feed herself, and explore. However, her recovery has been slow. Doctors predict delays in her walking and potential growth issues in her legs.

Natalie’s message to parents is clear: Be aware of the symptoms of sepsis. If you suspect your child may be affected, call 999 immediately. Early diagnosis is crucial, as delay can lead to life-changing injuries or even death. “We were fortunate that Scarlett survived, but our lives have changed forever,” Natalie says.

Investigating medical negligence

Tees Law is currently investigating whether Natalie has grounds to pursue a claim for damages against the Urgent Care Centre at Queen Elizabeth II Hospital. Janine Collier, Executive Partner and Head of the Medical Negligence and Personal Injury Team at Tees, emphasised the importance of early sepsis diagnosis. “In the UK, more people die from sepsis than from breast, bowel, and prostate cancers combined. Early recognition and treatment save lives and can prevent long-term complications. We will work closely with the family to review the facts of this case.”

Sepsis is a medical emergency, and understanding its symptoms can be the difference between life and death. Early intervention is key to reducing the risk of permanent damage.

Admission of liability for parents following death of 2 hour old baby in birth medical negligence case

Tees secured an admission of liability and a £15,000 settlement for Melissa*, whose daughter Enid* was born 13 weeks prematurely and sadly died soon after birth.

A tragic case of medical negligence

Melissa suffered a premature rupture of membranes (PROM) and was admitted to the hospital for observation and monitoring. Despite the severity of her condition, she was negligently transferred to a hospital unequipped to care for extremely pre-term babies. Tragically, Enid passed away from complications that could have been avoided if she had been treated in a specialist unit.

What happened to Melissa and Enid?

At 25 weeks pregnant, Melissa experienced a small vaginal bleed and PROM, a critical pregnancy complication that can lead to premature birth or infection. Concerned for her baby’s health, she went to the hospital and was admitted to a specialist maternity hospital with a neonatal unit equipped to care for babies born at or before 28 weeks’ gestation.

She was under the care of consultants and midwives for several days. On at least one occasion, she experienced pre-term labour, reaching 5cm dilation. Despite concerns of infection, Melissa was given antibiotics and continued to be monitored.

Inappropriate transfer and devastating consequences

Melissa was later transferred by ambulance to a hospital closer to her home. However, this hospital lacked the necessary facilities to care for babies born before 28 weeks. Upon arrival, her cervix was fully dilated, and Enid was in a difficult position. An emergency caesarean section was performed.

Enid required breathing support and was placed in the Special Care Baby Unit. Unfortunately, her breathing tube became dislodged. Despite six unsuccessful attempts to re-intubate her, Enid died at just two hours old.

Seeking justice with Tees

Devastated and seeking answers, Melissa contacted Tees to explore a medical negligence claim. We acted on her behalf under a “No Win, No Fee” agreement. Our legal team thoroughly reviewed her medical records and instructed specialists in maternity care to provide expert evidence.

Melissa claimed that her transfer to the unequipped hospital was negligent. The hospital later admitted that the decision was inappropriate and that, had Enid been born in the specialist unit, doctors likely would have successfully replaced her breathing tube, saving her life.

The case settled for £15,000, reflecting the short duration of Enid’s life. For Melissa, the settlement brought closure and acknowledgement of the failings in her care.

Support for parents after a stillbirth or neonatal death

Losing a baby is a devastating experience. Parents often feel isolated, guilty, and overwhelmed by grief. If you have suffered a traumatic birth or lost a child, Tees is here to help.

Our specialist midwifery and obstetric negligence solicitor, Gwyneth Munjoma, has extensive experience in cases involving psychological trauma and neonatal deaths. You can contact Gwyneth at our Chelmsford office on 01245 294274 or email her at gwyneth.munjoma@teeslaw.com to discuss your case.

Understanding Premature Rupture of Membranes (PROM)

Premature Rupture of Membranes (PROM) occurs when a mother’s waters break before 37 weeks of pregnancy. The baby is surrounded by amniotic fluid, which is contained within a protective sac. When the sac ruptures too early, it can lead to premature birth or infection.

Risks Associated with PROM
  • Preterm birth
  • Infection in the mother’s womb (chorioamnionitis)
  • Respiratory distress syndrome in the baby
  • Umbilical cord complications

Prompt diagnosis and monitoring are essential to manage PROM effectively and ensure the best possible outcome for both mother and baby.

If you have any concerns about your care during pregnancy or after birth, our expert team at Tees is here to listen and advise.

Client names have been changed to protect their privacy.