£150k compensation for children of a man who died after hospital failed to diagnose pulmonary embolism
Three children of a man who died after doctors from Southend University Hospital NHS Foundation Trust failed to diagnose his pulmonary embolism will receive £150k in compensation between them. The trust admitted that the doctors had incorrectly reported the findings of a CT Pulmonary Angiogram.
In February 2008, one of the victim’s children approached our specialist medical negligence lawyers and requested our assistance in bringing a claim in respect of her father’s death. Her father had undergone a CT angiogram at Southend hospital on his return from a trip to the USA, after a number of attendances at both his GP surgery and the local hospital. He had been feeling unwell, and had been suffering from shortness of breath.
The solicitors representing the NHS Trust obtained an expert opinion prior to Boyes Turner's involvement in the case, and confirmed to the children that their father would have made a full recovery if the angiogram had been correctly reported.
As a result of the doctor's negligence the children were entitled to bring a claim under the Fatal Accidents Act for loss of financial dependency, the future loss of the services their father would have provided but for his death, and a claim for the loss of their father. The father’s estate was entitled to bring a claim for the cost of funeral expenses and for the pain and suffering the father suffered in the day prior to his death.
Due to the complexity of the father’s finances, it took some time to fully investigate the value of the services that the father would have provided to his children. Evidence had to be obtained including bank accounts, past employment history and witness statements from the mothers of each of the children involved. The oldest daughter was over 18 years old, and so was able to represent her own interests in the claim. The claim itself had to be brought in the name of the executor of the estate.
Despite the early admission of liability by the NHS Trust, the solicitors were not willing to agree with Boyes Turner's valuation of the claim. Court proceedings were issued in October 2009 to take matters forward. A further search for documents in support of the father’s previous earnings was undertaken in February 2010 following further negotiations with the defendant solicitors.
The claim was settled on 12 April 2010 for £150k. This matter now requires Court approval because two of the children involved are younger than 18 years of age. The Court will also decide on the apportionment of the compensation between the estate and the three children, subject to a barrister’s advice.
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