Resolution of a Toddler’s Medical Negligence Claim

Seeking help when someone is ill can be stressful, particularly when dealing with multiple medical staff at different locations of treatment, and especially when the patient is a child. No matter how good parts of the health service are it is a sad fact that mistakes can be made during diagnosis and treatment and these can lead to even greater problems. Such was the case with our client Thomas, who was only a toddler at the time of his ordeal…

Thomas was referred to Leighton Hospital by his GP after being very ill; he had been vomiting for two days and was unsettled and reluctant to feed and his parents were very concerned. At the hospital he was seen by a junior doctor who concluded Thomas’ vomiting was most likely to be due to viral gastroenteritis or urinary tract infection. He was discharged home with oral hydration and advice to return if his parents were concerned, if his fluid intake reduced or if he suffered from excess vomiting.

Thomas did not get any better and two days later was admitted to Stepping Hill Hospital in Stockport due to bloody stools, bile stained vomiting and abdominal distension. His general health also appeared to be compromised and he was given intravenous fluid. His illness was thought to be due to acute bowel obstruction caused by intestinal intussusception (a condition where one part of the intestines slides into the other). At such a young age, poor Thomas was very, very sick.

At this point Thomas was transferred to the Royal Manchester Children’s Hospital where the diagnosis of intussusception was confirmed. Initial attempts to relieve his obstructed bowel were unsuccessful due to the delayed diagnosis and late treatment. Unfortunately, Thomas then had to undergo abdominal surgery to resect the obstructed segment of the bowel. Thomas’ surgery went smoothly but his road to recovery would be long and his parents contacted us for advice.

Mistakes happen, but the consequences for Thomas were significant. Due to the misdiagnosis he suffered avoidable pain, discomfort and loss of amenity during the delay in diagnosis and underwent avoidable extensive abdominal surgery involving loss of a lengthy part of his large colon and significant permanent scarring running across his abdomen at the level of his tummy button. During recovery Thomas suffered post-operative pain, an alteration in feeding routines and nappy rash for several weeks after his surgery. As a consequence of the surgery he is also at risk of developing further health problems in the future.

When we put forward Thomas’ claim liability was admitted and we were able to successfully settle his case for over £12,000. His parents were happy with the result and the compensation is now safely invested on their son’s behalf.  Upon turning 18, Thomas will have access to these funds which we hope will help him to a bright future.

If you or a loved one has experienced health problems made worse by misdiagnosis and delayed treatment we can help. Give our experts a call to discuss your potential claim on 0800 954 0243.

 Sinead Woods
Associate, Irvings Law