In 2013 Peter Flory picked up a taxi at Sevenoaks Railway Station and began a conversation with the driver Mr TK about a recent hospital admission at the Princess Royal Hospital now part of Kings College Hospital NHS Foundation Trust. Mr TK had been admitted for surgery on a pilonidal sinus and had gone on to suffer deep vein thrombosis (DVT) and life threatening pulmonary emboli (PE). Mr TK eventually asked Peter to come to his home and review the medical records.
Peter advised Mr TK that it appeared from his reading of the records that a PTE Assessment had not been carried out before the surgery as it should have been and in Peter’s view if such an clotting risk assessment had been undertaken Mr TK would have been regarded as at risk and would have received prophylactic anticoagulant therapy and compression stockings pre and post surgery which would have reduced or obviated his risk of clots developing.
This had not been done and Mr TK had developed DVTs and PEs and nearly died.
After a very detailed investigation Peter obtained expert evidence from a leading vascular surgeon and this confirmed Peter’s suspicions about the lack of PTE or clotting assessment. Peter went on to obtain reports from an Adult Chest Physician, Consultant Cardiologist and Consultant Psychiatrist.
Peter prepared a letter of claim under the Pre Action Protocol for the Resolution of Clinical Disputes and the National Health Service Litigation Authority (as they then were) admitted breach of duty of care for the failure to undertake the relevant PTE Risk Assessment. Causation was not conceded and an offer to settle MR TK’s claim was made in the sum of £8,000. Peter advised Mr TK to reject that offer which he agreed on Peter’s advice to do.
After further communication with the Defendant, causation was admitted but Peter had intimated to the Defendant that Mr TK had a legitimate claim for provisional damages because he was at risk of deterioration from a condition known as post thrombotic limb syndrome and could sustain further DVTs and / or PEs in the future. This was denied by the Defendant.
Peter arranged for Mr TK’s claim to be issued and served and for formal court proceedings to be commenced. The NHS LA instructed panel solicitors to handle the claim on behalf of the Defendant Trust. These solicitors made an offer to settle Mr TK’s claim in the full and final sum of £50,000. Peter advised Mr TK to reject this offer which he did.
The Defendant made a further increased offer to settle the claim in the sum of £60,000 and Peter once more advised Mr TK to reject the offer which he agreed to do.
Peter had explored every possible avenue of Mr TK’s injuries and was able to assist him in obtaining very detailed medical tests and receiving medical therapies to protect his health long term.
Eventually the claim was settled on a full and final basis for £85,000 over 10X the amount of the first offer that had been made. Peter advises that in complex clinical or medical negligence claims it is essential that a victim of such an event seeks the advice of an specialist solicitor in this area to ensure their interests are protected and that they receive the justice they deserve.