Case study of a successful compensation claim for delay in diagnosing infection

Medical accident solicitor, Clarissa Ellerington, reports on her latest success in recovering compensation for delay in diagnosing infection.

The events surrounding the diagnosis

The successful claim was brought against our client’s  GP Surgery and the NHS Trust for a failure to diagnose and treat discitis, a spinal infection, over a six month period.

As a consequence of this delay our client’s condition worsened.

Our client had attended their GP surgery about shoulder pain that had lasted several weeks. Following a short assessment, they were advised the shoulder pain was muscular, and did not require further investigation.

The client sought treatment from a private physiotherapist to manage the pain, but with little success. Over the next few weeks their pain worsened, and they returned to the GP surgery on several occasions. Despite their deteriorating symptoms they were advised to continue with physiotherapy.

They eventually arranged a private MRI scan, which revealed supraspinatus tendonitis. The client repeatedly returned to the GP surgery with ongoing symptoms of pain that were not improving. A blood test revealed neutrophilia and raised CRP and antibiotics were prescribed, but no further investigations were performed.

Their condition deteriorated further. They were taken to hospital by ambulance for treatment but discharged the same day, with advice to seek help from their GP.

At the fifth appointment with the GP, our client was advised to go to A&E for further investigation. At the hospital they underwent a series of investigations, including a bone scan and blood tests.

The bone scan was abnormal, and an MRI was performed. This revealed discitis (spinal infection) with damage to their spine. Staphylococcus aureus was identified as the cause of the spinal infection.

The claim for delay in diagnosing infection

After receiving the enquiry we took this case on under our popular No Win, No Fee funding arrangement.

We instructed various medical experts to comment upon the treatment and care provided in the lead up to the eventual diagnosis. After building our case we served a formal Letter of Claim on both the GP and the Health Trust, setting out the allegations against them and inviting them to accept legal liability.

In their response, the GP accepted there had been failings in the care provided, resulting in a delay in diagnosing infection, and consequently delay in providing treatment. It was admitted there was a failure to perform an assessment in the context of our client’s worsening shoulder pain and associated weight loss, as well as failure to make a specialist referral.

The Trust also accepted there were failings in the care provided. It was admitted there was a failure to repeat CRP tests and take blood cultures and had these been performed then there may have been an earlier diagnosis.

Clarissa entered into negotiations with the Defendants’ legal representatives which resulted in an agreed settlement award.

Free Consultation

Our specialist medical negligence team, which has been independently rated as one of the best in the UK, are experienced in dealing with infection cases. We work on a fully funded No Win, No Fee basis, and will be happy to provide you with a free review of your claim.

For guidance on making a compensation claim for delay in diagnosing infection, contact our free legal helpline. Call us on 0333 888 0412 or send an email to [email protected]

Delay in diagnosing infection

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Maddy Lawrence

“With the premature death of our eldest daughter, as it turned out, by clinical negligence, we were facing a very difficult journey both in proving fault and keeping heart and soul together. That we were able to, in terms of the fault element, was down to our professional legal team. They provided clear, calm and compassionate advice which got us through a horrendous inquest and subsequent legal maneuverers. They, in short, were magnificent and we are extremely grateful that we had them on our side.”

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“I had an experience with Oliver Thorne who was nothing but helpful with settling my claim. He was very patient and professional as well as making sure I was happy and content throughout the whole process! Would highly recommend him if you’re looking for a solicitor!”

Compassionate, thorough, and outstanding legal support thus far

”Jade was incredibly friendly, taking the time to ask all the right questions and thoroughly investigate our case. Unlike previous solicitors, who dismissed us, Jade and the team at Slee Blackwell delved deeper and gave us renewed hope. We are extremely grateful for the dedication and professionalism in fighting for us. I would recommend Slee Blackwell to anyone in need of legal assistance.”

Mesh claim

“I cannot thank the team enough there understanding and empathy and the knowledge is outstanding. Caroline has been supportive every step of the way, she has informed me and kept me updated how the claim has progressed she has also had great understanding around my mental health and the physical damage I have occurred. I cannot thank the team enough. The team made this experience easier for me to deal with my emotional distress and pain.”

Thank you

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“I have received expert advice throughout my case, the attention to detail is second to none. Their professional outlook and relatability means that I always recommend the firm. When I was unclear of any information or possible outcomes they took the time to speak with me on a personal level, confirming our conversation through email, I feel supported and understood and most of all they are empathetic, something that is often missing from large firms.”

Friendly, professional, knowledgeable.

“Oliver assisted me in the aftermath of my father’s sudden death in hospital. He helped me to draught my initial letter of complaint to the health authority, represented me and my mother at the inquest and ultimately succeeded in bringing a successful claim. I always felt I could approach Oliver with any questions and he would explain the legal processes in an understandable way. I would not hesitate to recommend him should anyone find themselves in a similar unfortunate position.”

Excellent solicitor

“I cannot recommend this firm highly enough and especially Caroline who is professional approachable and thorough, she works tirelessly and is a real credit to the firm, you are not made to feel like just a number as with other firms, it’s a pleasure to have such an excellent solicitor to represent you when you have gone through so much she is so understanding and knowledgeable.”

10 Reasons to Choose Our Team

  1. We are specialist clinical negligence solicitors who are recommended by the Legal 500 and Chambers and Partners legal guides.
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  4. Team leader Oliver Thorne is an accredited AvMA panel lawyer.
  5. We have been awarded Lexcel accreditation by the Law Society for excellence in client care.
  6. We offer a sympathetic, understanding and refreshingly jargon-free approach.
  7. We believe that clients should be treated as valued individuals, not a number or just another problem to be solved.
  8. We have close links with independent medical professionals, and can therefore ensure we get the best possible expert input for your claim.
  9. We operate a medical negligence helpline which you can call on 0333 888 0412 for a free, no obligation consultation and case assessment. You can also contact our helpline by email at [email protected].
  10. We fund cases on a no win – no fee basis, so worries about legal costs should not put you off seeking justice.

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