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