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CLOSTRIDIUM DIFFICLE; INFLAMATORY ADHESIONS; IRRITABLE BOWEL SYNDROME

£100,000 for the failure by hospital staff to carry out satisfactory investigations before carrying out surgery and for failing to provide a basic level of hygiene which resulted in an outbreak of infections.

Thomas v Buckinghamshire Hospitals NHS Trust (2007)

T aged 58, was admitted to hospital following continuous stomach pains.

An appendectomy was carried out even though no other tests were carried out to confirm whether T had appendicitis. Following the surgery, which did not find anything, T was discharged home. 

Shortly after discharge T began to vomit persistently which resulted in her being admitted back to hospital. Hospital staff believed that T's symptoms were caused by an obstruction in the bowels and she was given the appropriate treatment. However, this was unsuccessful and her condition deteriorated. 

Further surgery was carried which found that the initial appendectomy wound had been incorrectly stitched up and was subsequently re-sectioned.

Upon returning to the ward, T began to suffer from continuous bouts of diarrhoea. Although hospital staff had known about T's condition, it was not until 4 days later that she was diagnosed with having suffered from a Clostridium Difficile infection.

At the time of diagnosis there had been an outbreak of Clostridium Difficile across the hospital, which was known to doctors.

T took several weeks to recover from the infection although she continues to suffer from numerous complications. Throughout the period when T was admitted into hospital there were clear failings by hospital staff in providing satisfactory care in addition to failing to provide an appropriate mechanism for the control of outbreak infections.

BREACH OF DUTY

It was T's case that she should have undergone further examination in order to verify that she was suffering from appendicitis before an appendectomy was carried out. Further hospital staff should have recognised the symptoms of a Clostridium Difficile outbreak and taken steps to protect patient from becoming infected.

CAUSATION

It was T's case that had she undergone further examination after being admitted then she would not have undergone an appendectomy. Had she not have undergone an appendectomy then she would not developed Clostridium Difficile. Had she not developed the Clostridium Difficile T would not have suffered from persistent diarrhoea and not would have remained in hospital for several weeks. Additionally, had the hospital have had a satisfactory mechanism for dealing with outbreaks of infections then the likelihood is that T would have received treatment at a much earlier stage resulting in a short hospital stay.

OUTCOME

Compensation was negotiated to £100,000. Of this approximately £30,000 was for pain and suffering.