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LB  v  DG

Facts of the case

Our client began to experience back pain for which she self-medicated with analgesia.  The pain worsened and she attended her GP.  The GP diagnosed back spasm and prescribed analgesia

Over the next few days, the pain persisted and escalated in severity and our client had problems mobilising.  She noticed she also had some difficulty with her breathing.

She attended Cumbria Health on Call (the out of hours GP service at Queen Victoria Hospital) and was reviewed by a Nurse Practitioner.

The Nurse Practitioner performed a full examination and our client was advised that her chest was clear and there was no concern.

Our client returned the following day and informed the Nurse Practitioner that the pain was persisting and that she was still experiencing problems with her breathing.  No further tests or investigations were undertaken.

Our client’s condition deteriorated at home and an ambulance was called which took her to the Lancaster Royal Infirmary.

Soon after admission to the Accident and Emergency Unit, our client collapsed and required resuscitation.  She was initially treated with oxygen via bag and mask but was subsequently intubated and ventilated.

A chest x-ray was taken which showed extensive shadowing across both lung fields.  Our client’s condition was such that she required transfer to the intensive care unit.  Our client’s condition deteriorated following her admission to the intensive care unit.   She could not be stabilised with conventional ventilation, or with the use of nitric oxide ventilation, therefore the decision was taken to transfer her to Glenfield Hospital for Extracorporeal membrane oxygenation which is effectively an artificial lung or heart.

The Extracorporeal membrane oxygenation was successful and she was subsequently transferred back to the Royal Lancaster Infirmary to complete her recovery. 

Gregory Abrams Davidson Solicitors obtained independent medical evidence in order to investigate whether there had been a delay in treatment/referral and if so, whether this impacted upon the outcome.

We obtained evidence from an independent GP expert who concluded that there had been a failure to refer our client to hospital sooner.

We additionally obtained independent evidence from a Consultant Respiratory Surgeon who indicated that if our client had been admitted to hospital 48 hours earlier she would have suffered a shorter and less complicated illness and would have recovered earlier. Thankfully it was concluded that our client was unlikely to experience any long term complications arising from the delay in treatment.

A letter of Claim was sent to the Defendant. Thereafter following negotiations a settlement was agreed in the sum of £20,000.

Gregory Abrams Davidson Solicitors 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 search GAD legal.

Please complete our online enquiry form below. For enquiries regarding Personal Injury Claims, please email personalinjuryclaim@gadlegal.co.uk directly.

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