THE TYPE OF CASE WE DO

HOSPITAL FAILURE TO DIAGNOSE DVT, DEATH

S v West Herts Health Authority (2001)

£175,000 awarded for loss of dependency following husband's death.

Aged 37 D was suffering from a recurrent knee injury. His knee locked. He attended hospital where he was manipulated and put into a plaster cast.

Five days later the plaster cast was removed. Swelling in the knee was noted and arthroscopy recommended.

Two days later, prior to arthroscopy, D complained of swelling and pain in his calf muscle, a purple foot, and blood blisters on his shin. The symptoms were attributed (wrongly) to the plaster cast.

Arthroscopy was undertaken, DVT discovered. Pulmonary Embolism developed during the arthroscopy causing D's death.

BREACH OF DUTY

It was D's case that the medical staff should have considered that he may have been suffering from DVT and undertaken investigations prior to arthroscopy.

CAUSATION

It was D's case that further investigation would have led to diagnosis of his DVT and arthroscopy cancelled, appropriate treatment commenced, and his pulmonary embolism and death avoided.

OUTCOME

Liability was disputed, at first instance trial judgment was given for the defendants. On appeal judgment was given for D and compensation agreed at £175,000