East Kent Hospitals University Trust Compensation Claim
If you have been injured as a result of medical negligence at a hospital within the East Kent Hospitals University NHS Foundation Trust you may be entitled to financial compensation. To speak to an expert about a clinical negligence compensation claim, call Quittance on 0800 612 7456.
East Kent Hospitals University NHS Foundation Trust (2012) Case Study
A 4 year old boy was awarded £17,902 at Thanet County Court after an incorrectly administered intravenous drip left him with permanent scarring.
The boy, who was aged 1 at the time of his operation, was admitted to a hospital within the East Kent Hospitals University NHS Foundation Trust, where he was placed on an intravenous drip. Shortly after the cannula was inserted it was observed that it had "tissued" - meaning that fluid (either blood or from the drip) had leaked into the tissue surrounding the cannula. The Claimant's arm was swollen and had started to blister, but he was not in pain, nor was his arm painful to touch.
The hospital admitted liability for failing to correctly set the infusion pump or check its default pump pressure. They had also failed to observe the infusion site after the cannula had been inserted, thereby not immediately noticing that there had been "tissuing".
The injury was dressed and the boy's father was asked to return with him for a review the following day. The family returned on 21st December and multiple blistering was noted on the Claimant's right hand. It was suspected that there might be an infection. An appointment with the plastic surgery unit was arranged for the next day and there it was also noted that the Claimant had a large area of blistering to the right hand, plus a sloughy area of 2cm by 1.5cm.
The plan was to treat the injury conservatively; however on a review on 29th December there was an area of full thickness skin loss measuring 3cm by 2cm and within that, an area of necrotic tissue.
This required a skin graft and accordingly the Claimant underwent grafting from his right thigh on 30th December. 10 weeks after the surgery the Claimant's scar was noted as being pigmented. It was firm in places but non-tethered and he had normal function in his wrist and of all fingers. A triangular shaped scar measuring 2.5cm by 3cm remained visible on the back of his right hand.
There was a more heavily pigmented area (3.5cm by 3.5cm) of scarring on the Claimant's right thigh which was easily visible from a conversational distance.
Although the scarring was permanent it was believed that the scarring to the hand could be improved with plastic surgery. The cost of this was estimated at £6,890 for 2 procedures. The boy's father was unwilling to put his son through further operations at the age of 4 and preferred to wait until the boy was 18, when he could decide for himself.
Judge Burgess awarded the Claimant a total of £17,902 (£19,198.61 RPI adjusted)
Future scar revision surgery costs of £9,261.76 were assessed with a regard for the effect of inflation over a 14 year period. This meant that the recoverable sum for surgery was calculated on the basis of a negative adjustment rate of minus 2% over the period, rather than applying the usual discount rate for future loss payments.
General damages of £7,000 were awarded for pain, suffering and loss of amenity.
East Kent Hospitals University NHS Foundation Trust
Making a claim for medical or clinical negligence can seem initially overwhelming. Hospital Trusts are large complex organisations. Just finding out what happened can be complicated.
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Call us on 0800 612 7456 to discuss your situation with a claims expert or find out what your claim could be worth.