Richard Malloy, a specialist Medical Negligence Solicitor at GAD Legal Solicitors, recovers substantial damages for injuries and losses following the tragic death of our Client’s son. The death was caused by the Defendant hospital’s negligence in respect of a failure to diagnose and treat peritonitis. Peritonitis is an infection of the inner lining of the stomach. If left untreated it can become life threatening.
Facts of the case
This was a tragic and complex matter regarding a Secondary Victim claim against the Defendant Trust. It was a claim for damages as a result of our client suffering a significant psychiatric injury following the death of his child, the cause of which, the Trust had previously admitted.
Secondary Victim claims are notorious for being challenging and this case was no exception.
The test for a claim of this nature is set out in the case of Alcock & Ors v Chief Constable of South Yorkshire Police (1991). We were satisfied our clients claim fulfilled that criteria for a Secondary Victim claim.
Our clients son was brought to his General Practitioner because he was lethargic, sleepy and thirsty and had been vomiting for a few days. He was still passing urine. On examination, he was apyrexial and well hydrated with normal capillary refill time and a soft non-tender abdomen..
A prescription for Dioralyte oral rehydration solution was given
As he continued vomiting at home, he was taken to the Emergency Department at the University Hospital Coventry at approximately 14:00 hours.
A diagnosis of viral gastritis and constipation was reached.
Following discharge he remained the same. He was not himself. He was very thirsty and sleepy and vomited several times a day.
They returned to A+E because he was still vomiting. He was very lethargic and had to be carried into the Department.
He was discharged at 16:11 hours, two hours after arrival in the Department again with a diagnosis of constipation. He slept for most of the afternoon. He was sleepy and lethargic. When awake, he was thirsty and asking for water.
At around 01:30 hours, he woke very distressed with abdominal pain. He seemed to be hot and cold. He deteriorated around 03:30 hours. He was in a lot of abdominal pain. Our client telephoned for a taxi to take them to A&E but his son tragically died on the way to hospital.
We investigated the care provided and obtained independent expert evidence.
A Letter of Claim was sent to the Hospital Trust who admitted that the care provided was negligent and that the presentation was not consistent with simple constipation as abdominal distention and bile stained vomiting are exceptionally unusual with constipation and that no reasonably competent Paediatrician would have made a primary diagnosis of constipation in a child who presented with these symptoms.
It was accepted that with appropriate care peritonitis (which is an infection of the inner lining of the stomach) would have been diagnosed and treated successfully and the tragic death would have been avoided.
Following negotiation a settlement was reached in respect of the estate claim.
We however pursued a separate claim for the father’s psychological injuries and losses on a secondary victim basis.
This is a claim in which it is alleged that the Claimant has suffered a psychiatric injury not by being physically injured themselves (a primary victim) but as result of witnessing an injury being sustained by someone else.
The criteria for claims of this nature are very strict.
- It must be reasonably foreseeable that a person of “normal fortitude” might suffer psychiatric injury by shock.
- There must also be a recognised psychiatric injury suffered.
- There must be a close relationship of love and affection between the primary victim and the secondary victim.
- The Claimant must be in close proximity in time and space to the relevant event or its immediate aftermath.
- The psychiatric injury must be caused by – and result from – a “sudden and unexpected shock”.
We obtained independent expert evidence from a Consultant Forensic Psychiatrist as well as a specialist Psychiatrist dealing with addictions.
Our client continued to suffer with his mental health due to his inconsolable grief following the loss of his son.
The Defendant confirmed that they had no instructions to make any formal admissions of liability regarding this Secondary Victim claim.
The Defendant was provided with a Schedule of Loss supported by documentary and expert evidence in support of our client’s claim for injuries and losses.
Following negotiation and without the need to commence Court proceedings a settlement was reached in which the Defendant agreed to pay our client damages in excess of £100,000 as well as his legal costs.
GAD Legal are Solicitors who specialise in obtaining compensation for clients who have sustained injuries as a result of Medical Negligence. We deal with claims for compensation against hospitals (both NHS and Private), dentists, general practitioners, pharmacists and opticians. We have offices in Liverpool City Centre, Allerton, Garston Village and Golders Green, London. We offer a free initial case assessment and No Win No Fee Funding is available. To enquire contact a member of our Medical Negligence new enquiries team on 0151 733 3353, email This email address is being protected from spambots. You need JavaScript enabled to view it. or complete our online enquiry form.
