Alexander Harris Solicitors
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Derek's Story

At age 50 Derek underwent femoral artery bypass grafting because of problems with intermittent claudication. The surgery was successful but 3 days afterwards he became breathless and began to experience pain in his left shoulder. Derek called out the emergency GP 2 days later who noted that Derek had tightness on breathing and prescribed antibiotics and painkillers.

Sadly Derek collapsed and died at home 3 days later. The cause of death was found to be pulmonary thrombo-embolism.

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At the time of the incident Derek was unemployed but intended to return to work following the surgery. He left behind a wife and two teenage sons who instructed Alexander Harris to investigate a claim for them.

The arguments made on their behalf were that the GP had failed to consider that Derek was at high risk of deep vein thrombosis or pulmonary embolism because of his recent surgery; and that Derek's breathlessness and pain in his shoulder area were suggestive of pulmonary embolism. On this basis it was argued that Derek should have been referred to hospital immediately for further investigations, which would have included a chest x-ray and a lung scan. These investigations it was claimed would have confirmed the diagnosis of pulmonary embolism, and Derek could have been successfully treated with anti-coagulants and his death would have been prevented.

In financial terms the claim centred around the loss of financial contribution Derek would have provided to his family had he survived, together with the loss of the assistance he would have provided around the home and generally to his family. There was also a claim on his wife's behalf in respect of a psychiatric injury she had suffered as a result of the shock of witnessing her Derek's death.

The Claim - Medical Evidence

Reports were obtained from an expert in general practice to comment on the standard of treatment provided by the GP; a physician to comment on what treatment would have been provided if Derek had been referred to hospital and whether this would have saved his life; a vascular surgeon to comment on Derek's life expectancy had he survived; and a psychiatrist to assess his wife's claim for psychiatric injury.

The GP expert advised that the record of tightness on breathing should have been interpreted as breathlessness, or at least that it should have prompted direct questioning about this. The physician confirmed that diagnostic tests would have been performed if Derek had been referred to hospital, and therefore that life-saving treatment with anticoagulants would have been commenced.

The vascular surgeon advised that Derek would have had a reduced life expectancy as a result of his pre-existing problems, such that he would have lived until the age of 65 years. The psychiatrist considered that Mrs Jones had suffered a post traumatic stress reaction as a result of witnessing her husband's death, but said this was not of a severe nature.

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The Defence

The Defendant denied that tightness on breathing could be equated with breathlessness, and argued that the diagnosis of a chest infection had been reasonable as Derek's symptoms were not typical of pulmonary embolism. It was admitted that the GP had not considered the possibility of pulmonary embolism, but it was denied that this was negligent. It was also agreed that Derek would have survived if he had been referred to hospital and been treated with anticoagulants, but it was denied that a hospital referral was indicated.

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Settlement

Following the exchange of expert medical evidence, negotiations resulted in a settlement of £80,000. This included sums relating to a bereavement award, funeral expenses, loss of services, financial dependency and counselling.

Comment from Alex

Virtual Alex

The final settlement was subject to Court Approval as Derek's sons were not yet 18. Where a minor or a person who is not capable of managing his or her own affairs receives financial compensation, the approval of the Court is always sought. This is to ensure that the settlement is appropriate and in the best interests of the person for whom the award was intended.

Where a settlement is substantial Alexander Harris also help their clients to obtain independent financial advice as to the best way to invest their compensation to ensure that the maximum benefit is gained.

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Glossary Terms

Femoral artery bypass grafting
A procedure carried out to improve the distribution of blood flow in people with vascular disease.
Intermittent Claudication
Pain in the legs that comes on after walking a certain distance. It is an indicator of vascular disease.
Pulmonary Embolism
Blood clots in the lungs.
Deep Vein Thrombosis
Or DVT as it is more commonly known is a condition resulting in blood clots usually found in the legs - especially the calves.

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