HS v Dr Elizabeth Charles, General Practitioner
Summary
GAD Legal Solicitors recovered damages for injuries arising as a result of a GP’s failure to conduct an abdominal examination during a home attendance, which led to a delay in the deceased receiving treatment for a perforated gall bladder. Sadly, the deceased died a short time after the GP attendance.
Facts of the case
We were instructed by the wife of the deceased to investigate a potential claim arising from medical negligence against a GP.
The deceased attended accident and emergency with excruciating abdominal pain, vomiting and confusion. The deceased was admitted and following investigations and subsidence of the abdominal pain he was discharged with investigations to continue as an outpatient, with the plan to attend his GP if the abdominal pain returned.
Approximately 6 days following the hospital admission, the abdominal pain returned, in addition to flu like symptoms, vomiting and diarrhoea. The deceased requested a home visit from his GP practice and one was arranged later that day. During the attendance by the GP, it was alleged that the GP failed to consider the deceased’s recent admission to hospital 6 days earlier and complaints of excruciating abdominal pain. In light of this, it was alleged that the GP failed to conduct an abdominal examination.
Had an abdominal investigation taken place, on the balance of probabilities, it would have revealed tenderness, indicating acute abdominal pathology. In line with the discharge correspondence from the recent hospital attendance, the deceased would have been sent as an emergency back to hospital under the care of the on-call surgical team. Had the deceased been referred back to hospital by the GP he would have been diagnosed with acute cholecystitis and started on intravenous antibiotics and analgesia. The fact that the deceased would have been on antibiotics would have significantly reduced the risk of the gallbladder perforation. Given his risk of gallbladder perforation and deterioration; on the balance of probabilities he would have undergone a cholecystostomy (radiological drainage of the gallbladder) and he would have survived.
Allegations
It was alleged that:
There was a failure to take into account the deceased’s discharge correspondence from Wirral University Teaching Hospital NHS Trust prior to the GP attendance at the deceased’s home address.
There was a failure to conduct an abdominal examination of the deceased, in light of the deceased’s recent discharge and complaints of diarrhoea and vomiting. The presence of diarrhoea and vomiting, being gastrointestinal symptoms, mandated examination of the abdomen.
There was a failure to refer the deceased back to hospital as an emergency following the consultation.
Case Progression
In relation to breach of duty and causation, we obtained independent medical evidence from a Consultant General Practitioner, who advised that there was failure to conduct an abdominal examination, in light of the deceased’s symptoms and his discharge from hospital 6 days earlier. Further causation evidence was obtained from a Consultant General Surgeon, who confirmed with appropriate treatment the deceased would have survived.
A Letter of Claim was sent to the Defendant based upon the expert evidence. Liability was denied.
Prior to the commencement of Court Proceeding they negotiated a settlement on behalf of our client was reached and the Defendant agreed to pay our client substantial damages and her legal costs.
Richard Malloy, Head of Medical Negligence at Gregory Abrams Davidson Solicitors has commented that “this was a tragic case involving the loss of a much loved member of the family. Whilst no amount of compensation can ever compensate for the death of a loved one, it can be essential in helping loved ones cope financially in the absence of the person who has died. We were pleased to be able achieve a resolution to this case despite the Defendant’s initial stance denying liability and to be able to bring the matter to a conclusion without the need to commence Court Proceedings”.
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