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£350,000 Compensation for Grieving Family of A&E Misdiagnosis Victim

31 March 2015

Slater and Gordon Clinical Negligence Solicitor Paul Sankey successfully settled £350,000 for the family of a man who died after being sent home from a hospital Accident and Emergency department without being properly assessed.

The 31 year old man attended the A&E Department of the Royal London Hospital suffering from flu-like symptoms of fever and confusion. He was assessed by a GP in the Minor Injuries Unit where his oxygen saturations were measured at 92%. The GP reassured the man and discharged him. The following day he sadly collapsed and died.

A Serious Untoward Incident Investigation was critical of the GP for failing to arrange admission in the face of low oxygen saturations. The GP alleged that he had taken but not recorded a second reading which was normal and therefore admission was not required.

Paul obtained expert evidence from a General Physician and a Microbiologist, both of whom thought that on admission he would have been treated with broad spectrum antibiotics pending the result of blood cultures the following day and would have survived.

Paul issued proceedings and the clinical negligence claim was contested throughout. The Defendants admitted breach of duty but denied that antibiotics would not have been administered until the following day by which time it was common ground that treatment would have been too late.

A negotiation was reached four weeks before trial and Paul settled the case for £350,000.

Paul Sankey is a Senior Clinical Negligence Solicitor at Slater and Gordon Lawyers UK.

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