Contents
Yvonne's Story
The doctors treating Yvonne were told to do all they could to save her. Her treatment consisted of undergoing various procedures, which involved dead tissue being removed from her pancreas. After undergoing a number of these procedures, her condition improved and consequentially her chances of survival increased.
Unfortunately, she was then mistakenly given an overdose of Potassium Chloride by a junior doctor. Almost immediately her heart rate slowed and she went into cardiac arrest. As a result Yvonne sadly suffered brain damage and she subsequently died 7 days later.
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The Legal Case
Yvonne's husband brought a claim on behalf of Yvonne's Estate and also in his own right for his loss of dependency on her following her death. This consisted of Statutory Bereavement Damages of £7,500. Also losses were claimed in respect of Yvonne's funeral expenses and the loss of the general services which Yvonne performed around the home. As Yvonne was retired, it was not possible for her husband to claim a loss of financial dependency.
It was alleged that the overdose of Potassium Chloride given to Yvonne represented a sub-standard of care. If this had not been given to her, then it was alleged that she would have made a full recovery from her underlying condition of pancreatitis, especially given the recent progress which she had made. In order for the claim to be successful, Yvonne's husband would be required to satisfy both of these tests, with the assistance of medical expert evidence.
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The Defence
The Defendant hospital admitted that the overdose of Potassium Chloride to Yvonne amounted to sub-standard treatment. However, they maintained that Yvonne would not have survived her treatment for pancreatitis and as a result, the overdose of Potassium Chloride meant that she died slightly sooner.
Following this, they made an offer of £15,000 to settle Yvonne's husband's claim.
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Settlement
Yvonne's husband was able to pursue his claim with the benefit of a legal expense insurance policy which he had on his home contents insurance. After making contact with the Defendant hospital and requesting all of his wifeís medical records, including full details of the internal investigation which was conducted, an offer was received from the Defendant hospital.
Subsequently, evidence was provided by Yvonne's treating clinician indicating that her chances of survival were less than 50%, even if she had not received an overdose of Potassium Chloride. On the basis of this information, it would have been very difficult for Yvonne's husband to demonstrate that she would have survived her underlying condition of pancreatitis and returned home to perform the various services that she had previously provided in the family home. To complicate matters Yvonne's husband was also suffering health problems and there was a risk that he may not survive. This is significant as the claim for the loss of Yvonne's dependency could only be made whilst her husband was still alive, and if he died the losses incurred up to his date of death could only be claimed.
As a result, the offer of £15,000 was accepted in settlement of Yvonne's husband's claim.
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Glossary Terms
- Potassium Chloride
- Used to correct low potassium levels in the blood, which is likely to be encountered with patients who are suffering from dehydration.
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I was particularly impressed by your willingness to make yourself available whenever I needed to speak with someone, and to answer my queries with honesty and reassurance: Hannah, Tasmania
Comment from Alex
Potassium Chloride is used to correct low potassium levels in the blood, which is likely to be encountered with patients who are suffering from dehydration. It is usually administered intravenously when sufficient potassium cannot be taken by mouth. With each individual patient it is necessary to assess the extent of the potassium imbalance from the history and clinical and biochemical examination.
The correct dosage of Potassium Chloride to correct this should then be calculated and administered slowly. This is because a rapid infusion of Potassium Chloride is toxic to the heart, as sadly proved to be the case for Yvonne.