Compensation of £178,000 recovered following delay in diagnosis of appendicitis
18 July 2024
Kate Rushton, Solicitor in the Clinical Negligence Department at Curtis Law Solicitors has recently settled a case for a significant sum for Mr A who attended his GP surgery on two occasions over a two-day period with complaints of severe abdominal pain, but the clinicians failed to refer him to hospital for further investigation resulting in significant complications.
Mr A presented to his GP with notable abdominal pain. Examination was recorded to demonstrate a tender right loin and paraumbilical area, yet appendicitis was disregarded, and Mr A was sent home without planned follow up.
There was no improvement in Mr A’s pain over the course of the day and, becoming increasingly concerned, he phoned the GP surgery for further advice. A second doctor spoke to Mr A and advised him simply to continue to take painkillers. No further advice was given.
Mr A continued to suffer severe pain, he had restricted mobility and was unable to sleep. He telephoned the GP practice the following morning and was told to attend an appointment with a practice nurse. At this attendance there was a failure to undertake any abdominal examination and a diagnosis was recorded of suspected urinary tract infection with antibiotics prescribed.
There was no improvement in Mr A’ s condition and the pain became excruciating later that evening. An ambulance was called and he was taken to A&E. At hospital Mr A’s serious condition was noted and a CT scan confirmed that he had appendicitis which, due to the delay in diagnosis, had perforated.
Mr A underwent an emergency appendicectomy which revealed four quadrant purulent peritonitis and retrocaecal gangrenous perforated appendicitis. Due to the perforation and spread of the infection Mr A became seriously unwell and was admitted to the intensive care unit.
Mr A had a complicated recovery necessitating a prolonged period in hospital and developed a deep wound infection. He continued to require wound care in the community for over a year and developed a large incisional hernia which required significant repair some years later.
Curtis Law Solicitors obtained Mr A’s medical records and identified various breaches of duty of care which were confirmed by GP and Nursing Expert breach of duty reports. Causation and condition and prognosis reports were obtained from a Consultant in General Surgery, which confirmed that, but for the breaches of duty, Mr A would have been treated with IV antibiotics which would have led to less extensive surgery being required and the perforation, subsequent sepsis, wound problems, and hernia all would have been avoided.
Throughout our investigations it was discovered that Mr A owned his own specialist carpentry company and as a result of the protracted recovery and restrictions caused by his hernia and risk of recurrence, his company sustained a loss of profit on what they would otherwise have been projected to earn. This was a complex claim but after instructing forensic accounts it was possible to show that Mr A has suffered a significant loss of earnings due to the negligence.
The Defendant denied liability throughout the claim and Curtis Law Solicitors proceeded to issue Court proceedings to force settlement. After exchange of evidence however the Defendant’s representatives conceded and engaged in settlement negotiations. At a joint settlement meeting compensation for pain, suffering and loss of amenity, loss of earnings, care and assistance and aids and equipment was agreed in the sum of £178,000.
Kate Rushton, who conducted the claim for Mr A said; “This was a very rewarding case to finally conclude. A good result was achieved for the Claimant against heavy opposition from the Defendant”.
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