Wife of deceased husband settles claim following Trust failure

Posted by Patricia Wakeford on

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Mr B suffered from a life long, complex cardiac history and following chronic illness of fungal endocarditis (infection of the heart valves or inner lining) in August 2011 it was determined in hospital that Mr B had an aortic root abscess and valve endocarditis.

In early September 2011, Mr B underwent surgery to remove and revise the infection material however the following day, Mr B was taken back in for surgery due to significant bleeding. Sadly, a week later, Mr B died.

In June 2011, Mr B had previously instructed Patricia Wakeford of BL Claims Solicitors believing his cardiac problems had a different cause. Following his death in September 2011, Mr B's wife, Mrs B took over the claim on his behalf.

It was identified from Mr B's medical records that the Defendant Trust had in fact failed to prescribe Mr B with long-term anti-fungal medication and antibiotics. It was therefore alleged that had Mr B receive such medication; he would not have needed to undergo the open heart surgery in September 2011 and would not have died as a result of the subsequent critical illness he suffered.

Expert evidence was obtained from our in house ITU nurse specialist, Samantha Ward, who had particular knowledge of the medical issues and treatments. The Defendant Trust admitted liability and apologised to Mrs B for their failings. Despite this admission, Mr B's life expectancy needed to be determined and agreed between the parties. Expert evidence was obtained from a cardiologist regarding Mr B's life expectancy and Mr B's likelihood or returning to work if the surgery had been successful.  In August 2015, BL Claims successfully settled the claim for £60,000 which Mrs B was very pleased with. 

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About the Author

Patricia is a Senior Associate, in our Clinical Negligence team, and is also a qualified midwife with many years of experience working in the NHS.

Patricia Wakeford
Email Patricia
023 8085 7310

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