Medical Negligence Recent Cases

We’ve settled hundreds of medical negligence cases around the UK

We’ve settled hundreds of medical negligence cases around the UK – in both England and Wales. Our cases have ranged from clients with a birth injury, brain injury, and other injuries as a result of negligence or mistreatment, right up to those affected by a delay in diagnosis. Our legal aid has helped clients secure large settlements to compensate for suffering – often irreparable – damage to their health, or their livelihoods. Browse this page to gain an insight into the types of cases, defendants, and settlements our solicitors have dealt with.

Ms. A – Surgical Medical Negligence

Ms A was in her early 20s and working as a carer when she was referred by her GP to a consultant surgeon for evaluation for bariatric surgery due to her high BMI, sleep apnoea, and painful joints. 

Ms A was seen by a specialist at Homerton University Hospital and consented to surgery for a sleeve gastrectomy.  The consultant outlined the risks associated with the procedure, including staple line leak, bleeding, DVT, and the need for lifelong multivitamins. Ms. A signed a consent form that detailed those risks.

Following the surgery, Ms. A experienced severe complications; she was unable to tolerate food or liquids and remained in hospital far longer than envisaged. Ms A was placed on total parenteral nutrition (i.e. through her veins) after imaging and a laparoscopy revealed that the surgery had left her with a total obstruction near her stomach.  Ms A had to undergo reconstruction surgery by way of a Roux-en-Y gastric bypass.

Following discharge, Ms. A continued to experience abdominal pain and underwent further imaging and procedures, revealing a fluid collection and a large ulcer at the anastomosis site. Treatment involved high-dose proton pump inhibitors, but her condition persisted, requiring referrals to pain management doctors and preventing her being able to return to work.

Brindley Twist Tafft & James were instructed.  Expert evidence was obtained and confirmed that, rather than creating a small stomach to reduce food intake, the surgeon had negligently stapled the entire area shut, prevent passage of all food and liquid. Liability was admitted following a letter of claim.

Ms. A had significant challenges unconnected to the negligence which meant that she would have required care and been unable to return to work in any event.  She therefore ultimately accepted an offer of settlement  in the sum of £118,000.

Mr. N – Cancer Misdiagnosis

Mr. N, a gentleman in his 80s, visited his GP in Coventry due to altered bowel function, including diarrhoea and weight loss over two months. He was referred for a CT colonoscopy, which revealed a stricture in the descending colon, raising suspicion of cancer. A virtual colonoscopy confirmed these findings, leading to a flexible sigmoidoscopy where biopsies were taken. Histological analysis indicated high-grade dysplasia with desmoplastic invasion, suggesting a moderately differentiated adenocarcinoma (i.e. cancer).

Mr. N was advised to undergo a left hemicolectomy (removal of the affected part of bowel), likely requiring a permanent stoma. To assist with this, he had a further sigmoidoscopy when the tumour site was to be tattooed to assist with the surgery; however, the clinician mistakenly tattooed a healthy segment of the distal sigmoid instead of the tumour.  Mr N then underwent the surgery as planned, with the result being that an incorrect (and healthy) piece of bowel was removed, leaving the cancer still in place.

Another flexible sigmoidoscopy was performed through the newly created stoma, where the original tumour was again located and (this time) correctly marked). Mr. N then had a second laparoscopic Hartmann’s procedure to remove more bowel along with the tumour. Postoperatively, he was admitted to the Intensive Treatment Unit (ITU) for monitoring before being discharged.

An expert review concluded that Mr. N received substandard care, particularly due to the tattooing error. Whilst the prognosis of the cancer was unaltered, the timing and need for a second surgery within two months negatively impacted his recovery, especially given his advancing years.  An agreement for compensation of £32,000 was reached.

Mrs. L – Surgical Medical Negligence

Mrs. L was fit, working and socially active well into her 60s.  In 2015 she visited her GP due to balance issues. After several minor falls, she was referred to a neurologist, who arranged for an MRI.

The MRI revealed spinal cord compression due to osteoarthritis. Mrs L was referred to a neurosurgeon, who discussed decompression surgery, noting that while improvements were unlikely, surgery to decompress and stabilise the spine should prevent further deterioration.  Known risk of the surgery were discussed.

The first operation took place in 2017 at University Hospital Coventry.  During the operation, a cerebrospinal fluid (CSF) leak was detected while drilling the spine.  This was a known and treatable risk of the procedure.  After surgery, Mrs. L experienced nausea, difficulty sitting up, and reducing arm mobility, requiring assistance for basic needs. Her symptoms persisted. Four days post-surgery, she and her daughter met with the neurosurgeon, who explained that the surgery was more complicated than expected.

Mrs. L’s symptoms deteriorated. An MRI revealed a post-operative haematoma and significant fluid collection at the site of the CSF leak (which had supposedly been repaired). Further emergency surgery that evening found CSF under pressure.  A further repair was carried out.

After the second surgery, Mrs. L had limited recollection, was in considerable pain, and unable to control her bladder. Another MRI once again indicated a fluid collection and further spinal cord compression. A third repair of the site was attempted. 

Mrs. L was left with permanent paralysis to one side and required extensive medical equipment and a care package to enable her to return home.  Her life was irreversibly changed.

Brindley Twist Tafft & James were instructed following a recommendation.  Independent expert evidence from a consultant neurosurgeon was obtained.  The expert’s opinion was that the management following the initial surgery was negligent in that there were several missed opportunities to identify the ongoing deterioration over the first few (critical) days.  Liability was denied.

Mrs L sadly developed dementia during the covid crisis and was transferred to a care home.  

Liability was denied, but following negotiations a settlement of £182,500 was achieved and approved by the Court, reflecting the fact that Mrs L was likely to have developed dementia and require care at the same stage that she did. 

Mr A – GP Medical Negligence

Mr A was an HGV driver in his 50s when he attended his GP in Rugby, Warwickshire, in 2010 for a routine medical assessment required for his work.  High glucose levels were detected in Mr. A’s urine, which were likely diagnostic of diabetes.  However, despite noting this, the GP did not inform Mr A, nor do anything with the result.

Mr A remained oblivious to the underlying condition.  In 2018 he was admitted to hospital after experiencing severe and inexplicable foot pain. Mr A was diagnosed with sepsis during the admission and required the amputation of two toes in order to prevent greater damage.  Mr A was also informed that he was diabetic and likely had been for some time.  The untreated diabetes caused significant complications, including severe diabetic neuropathy, severely impairing his mobility, and diabetic retinopathy, affecting his vision.

Mr. A felt badly let down and that he was denied an opportunity to effectively manage the diabetes during the 8 year delay in diagnosis.  He instructed Brindley Twist Tafft & James to pursue a legal action. 

Liability was accepted following a Letter of Claim, and after negotiations with the counsel and medical experts, a settlement of £600,000 was reached. This sum has allowed Mr A to purchase accessible ground floor accommodation along with mobility aids and equipment to help him retain his independence for as long as possible. 

Mrs R - Mental Health Services Negligence

The circumstances of this case are that Lynette Walsh acted for Mrs R, now aged 59 who sustained very severe injuries including amputation of both of her legs, amputation of part of her buttocks and significant injuries to her right arm as a result of a failed suicide attempt following her premature discharge from a Mental Health Unit. 

The case settled at mediation in the sum £600,000.

Ms MB - Medical Negligence

Tom Barnes acted for a 38 year old lady who received £200,000.00 damages for latent radiation damage to her bladder and bowels following treatment for cervical cancer. This was an extremely interesting case as it explored the law in respect of informed consent. MB’s injuries did not arise as a result of the negligent administration of chemo-radiotherapy, but this was the only treatment option put to MB.  However, it was MB’s case that there was another option i.e. radical hysterectomy which she would have chosen had she been so advised by the treating Clinicians.

The case settled shortly before trial, but had the matter proceeded to trial, then it would almost inevitably have ended up in the Court of Appeal as the parties did not agree the extent to which a Clinician has a duty of care to their patient to advise them of all reasonable treatment options.