Client awarded £45,000 After Doctor Fails to Diagnose Infection

Client awarded £45,000 After Doctor Fails to Diagnose Infection
BSC, LLB (Hons) & LPC Sophia Azam
Case by: BSC, LLB (Hons) & LPC Sophia Azam Updated:

Client Undergoes Surgery After She is Diagnosed with the BRCA2 Gene

Our client was diagnosed as having the BRCA2 gene and was therefore advised to undergo an elective oophorectomy (ovary removal) and mastectomy (breast removal with reconstruction).

Our client’s ovarian surgery went well, and the client soon recovered and was ready for her mastectomy.

However, after receiving surgery for her mastectomy and breast reconstruction, our client developed extreme pain and developed a blister on her right breast.

Post-surgery, our client attended a planned follow-up appointment at the breast clinic, where she was examined by a nurse.

During the follow-up appointment, she requested to see a doctor due to the pain she was in. As a result, a junior doctor was asked to review her.

Failure to Diagnose Infection Results in Multiple Surgeries

It was later discovered that the surgeon who first performed our client’s surgery was not advised of our client’s complaints. The surgeon later stated that had he been advised he would have admitted our client to the hospital for treatment.

Instead, the junior doctor advised our client to take regular painkillers and prescribed sleeping tablets. As a result, within 48 hours the client deteriorated significantly and was taken to her nearest A&E department.

On being admitted to A&E, she was diagnosed with an infection in the breast and was taken straight to theatre for a washout.

Unfortunately, the breast implant was not salvageable, and due to the spreading infection, our client also had significant amount of skin removed from her breast, and both nipples.

She was discharged home and advised that she would need multiple surgeries to regain the shape of her breasts.

Client Experiences Daily Muscle Pain

The client underwent multiple surgeries over the next 2-3 years. This was in an effort to try and replace the implant but unfortunately she still experiences daily muscle pain.

AWH Takes on Complex Medical Negligence Case

The client initially started her claim with another firm of solicitors. However, the firm eventually closed her case when they assessed her case as being difficult to prove. After speaking with the client, AWH Solicitors agreed to represent her.

Independent expert evidence was sought from a plastic surgeon to determine:

  • Whether the treatment our client had undergone was appropriate.
  • Whether there had been a breach of duty by the Hospital in failing to diagnose the infections and admit the client to Hospital for treatment with antibitoics and treat the client’s developing infection when she visited.

Our expert plastic surgeon confirmed, on the balance of probabilities, that had the client been treated that day, she could have undergone a washout. This could allow the implant to besaved, avoiding the need for the multiple surgeries.

Our expert solicitor, Sophia Azam sent a letter of claim to the NHS Trust setting out the case against them. Initially, the NHS Trust strongly denied liability.

Following a request for notes from an internal hospital meeting, we received documents showing the original treating surgeon was critical of the junior doctors’ failure to consult him when the client attended the breast clinic.

Sophia Azam Secures £45,000 Settlement for Client

Sophia Azam instructed a barrister due to the complexities of the evidence and the robust denial put forward by the NHS. After negotiation we settled this matter in our client’s favour for £45,000.

The Importance of a Prompt Diagnosis

This case study highlights the importance of being able to promptly diagnose infection and provide treatment in preventing complications. The client’s case demonstrates the devastating consequences that can arise from a missed infection and a failure to consult with the original surgeon.

Sophia Azam’s successful representation of the client shows the value of legal expertise in navigating complex medical negligence claims.