Victoria Jones, Partner in the Medical Negligence team has secured a six figure settlement following an admission of liability and apology by University Hospital Southampton NHS Foundation Trust in connection with a delayed diagnosis and treatment of a Deep Vein Thrombosis (DVT) in our client’s leg. Interim compensation payments were also secured pending the claim conclusion in order to provide immediate financial assistance to our client.
Background to the case
There was a failure to provide appropriate anticoagulant medication to prevent the development of our client’s Deep Vein Thrombosis (DVT) in his right leg following a fall from a scooter which resulted in him fracturing his right knee and being unable to weight bear on his right leg. Our client was discharged from hospital and the following day attended the same hospital for the injured leg to be scanned. The leg was painful and swollen. Before the scan took place our client collapsed with dizziness and nausea. He remained at increased risk of DVT and should have been given anticoagulants. He was not. He was provided with stronger pain relief and allowed home.
Our client then developed unremitting cramp in the right calf which deteriorated. He underwent ultrasound imaging of the right lower limb. The femoral vein showed partial occlusion with thrombus. The popliteal vein was totally occluded. He was admitted and only then commenced on anticoagulation medications.
Due to the DVT, the fracture which had been scheduled for surgery had to be treated conservatively with a brace.
Our client suffered extensive damage to the deep veins consequent upon the DVT. He is left with post-thrombotic syndrome in the right lower limb which will worsen should he suffer a further DVT. The condition comprises aching and swelling of the right lower limb. He suffers symptoms of pain, cramps, heaviness and tingling caused by damage to the deep veins. He is at increased risk of ulceration and a leg amputation. Our client also suffered psychiatric injury diagnosed as Moderate Depressive Episode and Post Traumatic Stress Disorder.
Our client’s injuries cause ongoing sleep disruption and limit his ability to undertake his previous occupation as a landscaper. They limit his ability to participate in his previous sporting recreations and his ability to undertake DIY and other household tasks. They limit his ability and enjoyment in engaging in physical play with his young son.
What did Moore Barlow do?
A liability admission was secured at an early stage, allowing Moore Barlow to obtain interim (‘up front’) payments whilst we investigated the impact of both our client’s physical and psychological injuries both now and into the future. The case was complicated by the fact that we had to establish the impact of our client’s non-negligently caused knee injury as opposed to the negligently caused Deep Vein Thrombosis, as only losses caused by the negligence can be claimed.
The outcome
Our client has been fairly compensated for his injuries caused by the negligence.
Victoria Jones commented:
It was a pleasure working for this client and I am very glad to have achieved a good settlement for him and his family, given the tremendous impact his injuries have had on his life.
How Moore Barlow can help
If you have a Deep Vein Thrombosis claim, then please contact Moore Barlow who are experts in their field. We can help to secure, where possible, admissions of liability and therefore interim compensation payments pending the settlement of the claim.
