Substantial settlement for missed diagnosis of viral endocarditis

In October 2009 Mr AMP was admitted to North Middlesex Hospital with a range of symptoms including pain in his lower limbs, loins, abdomen and chest. It was suspected he had a urinary tract infect (UTI) as he had blood in his urine but on subsequent testing he was found to be negative for leucocytes and nitrites which meant he could not have a UTI. The clinical staff however continued with this erroneous diagnosis and prescribed antibiotics and undertook no further investigations.

After a day or so in hospital, Mr AMP was discharged without the cause of his problems having been established.

Following a few days at his parents house, including a weekend, Mr AMP deteriorated dramatically and was readmitted through A&E of North Middlesex Hospital. He was found to have blocked vessels in his lower legs and was eventually diagnosed with viral endocarditis which had caused a transmural haematoma to develop in his heart which was discharging clots in to his body including his kidneys, liver, omentum and lower limbs.

Mr AMP sustained the most horrific bilateral, transfemoral amputations of both his legs over a catastrophic 405 days in hospital during which time Mr AMP was fortunate not to have died.

Peter Flory was able to persuade a Professor of General Medicine that during his initial hospitalisation in West Middlesex Hospital it had been a breach of duty of care for the doctors to have diagnosed a UTI in view of Mr AMP’s urine being negative for leucocytes and nitrites and Peter was able to persuade Professor W that given the ubiquitous nature of Mr AMP’s pain a CT Scan should have been undertaken before discharge was contemplated.

Professor W had advised that viral endocarditis is an unusual condition and a transmural haematoma rarer still and was unlikely to have been diagnosed quickly. However, Peter was able to establish that had a CT Scan been done blood clots would have been seen in Mr AMP’s body and anticoagulation therapy would have been started.

Peter went on to instruct a vascular surgeon who confirmed that had Mr AMP been treated with anticoagulation therapy he would not have lost his legs. Peter was able to revise Particulars of Claim which he sent to the Trust’s lawyers and obtained a full admission of liability from the Trust.

In November 2015, having obtained numerous experts reports and having arranged numerous conferences and expert meetings, Peter Flory was able to secure a settlement at a round table meeting with the Defendant’s lawyers for a sum in damages once capitalised of £4.9 Million.

This was an excellent settlement and one that ensures Mr AMP can purchase a suitably adapted accommodation, vehicle and care package that, along with recovery of his loss of earnings, will protect Mr AMP for the rest of his life.

“In late 2009 I suffered a series of incidents that resulted in me being in a coma, losing both my legs and having to stay in hospital for over 405 days. I was in a bad emotional state and my family couldn’t believe what had happened, we had to do something. My family and I sought help on the matter as we felt there was some kind of negligence involved with the hospital caring for me.

We instructed Peter Flory to look into the matter for us.

Peter went through the medical history of my time in hospital and left no stone unturned. Peter showed he is a very tenacious and perseverant man and didn’t give up until he could prove there was a case for clinical negligence. His main priority is that he restores your quality of life back to as close to what it was as far as he possibly can and that you have the necessary support in place to help you for the rest of your life.

During the whole experience that ended in November 2015, Peter guided us through everything with ease whilst maintaining a high level of communication. Peter never gave us any cause to doubt that his advice was anything other than in our best interest. He is a true professional.

We are all happy that we chose Peter to support our case and know that he did the best job he possible could for us. In particular, I don’t anymore have to be scared of what the future holds with my disability now as Peter has changed my life!”