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On 18 April 2013 Brindley Twist Tafft and James Solicitors and Barrister Teresa Hargreaves of Number 5 Chambers, Birmingham, represented the family of Jessica Strong at the inquest touching her life at Stoke Coroner’s Court. The story of Jessica’s short life and tragic death received coverage in the national press and on local television.

 

Jessica was born prematurely in Nuneaton and transferred to a specialist baby unit in Stoke, as the local units either did not have space or did not have the facilities to meet her requirements. Initially Jessica thrived despite her prematurity but she then became acutely unwell and sadly passed away at just 11 days old.

 

A post mortem revealed that baby Jessica had contracted Serratia Marcesans, a common bacteria which thrives in moist conditions and can be found in many bathrooms. The bacteria is readily fought off by adults and children but is aggressive and difficult to treat in the very young. In this particular instance the bacteria was known to have colonised, but not infected, a different baby on the unit and the treating doctors had not considered a link. Jessica only received the correct antibiotics for the infection a matter of hours before her death, by which time the damage was too severe.

 

Serratia Marcesans was found to have colonised six babies on the unit with another baby dying several days later. The Coroner recorded a narrative verdict that Jessica had died from extreme prematurity and infection spread by human contact, most likely as a result of poor hand washing practice in the unit.

 

Although the hospital suggested that it could have been members of the public who did not use the hand gels, the family were strongly of the opinion that the spread of infection must have been by hospital staff given that six different babies were colonised by the bacteria. The hospital staff confirmed that hand washing and other hygiene procedures are amongst the best in the country following a review of their practices.

 

The NHS Litigation Authority which represents the hospital trust made an early admission of liability prior to the inquest and compensation negotiations remain ongoing.

 

Full story: http://www.dailymail.co.uk/health/article-2311636/Pair-newborn-babies-died-killer-bug-new-400m-University-Hospital-North-Staffordshire-hospital-people-neonatal-ward-failed-wash-hands.html

Richard Stanford

 

About the author

Richard Stanford is a Medical Negligence Solicitor at Brindley Twist Tafft & James and is very experienced in a wide range of clinical negligence cases.

A significant number of patients have been recalled as part of an investigation over the treatment given to cancer patients by urologist, and Channel 4’s Embarrassing Bodies’ doctor, Mr Arackal Manu Nair at Solihull Hospital (Heart of England NHS Trust) and the privately-run Spire Parkway Hospital. It is alleged Mr Nair operated on one man who did not have cancer, while leaving another incontinent and infertile.

 

Mr Arackal Manu Nair, otherwise known as Manu was suspended from his post as an NHS Consultant Urologist at Solihull Hospital when colleagues raised their suspicions about his surgery with hospital bosses and he was referred to the General Medical Council. He has subsequently resigned from his post at the Heart of England NHS Trust.

 

Concerns over Mr Nair’s operations have led to a recall of Mr Nair’s prostatectomy patients at Spire Parkway Hospital and BMI Priory Hospital, Birmingham. There are approximately 170 radical prostatectomy patients within the NHS who were treated at Solihull Hospital and Spire Healthcare group. A radical prostatectomy is a common surgical procedure to remove the prostate gland where patients are diagnosed with prostate cancer.

 

We understand that the central issues concern whether patients were properly advised and surgery was undertaken unnecessarily and the degree of the need for surgery. A prostatectomy is a fairly common operation for prostate cancer. It is an extensive operation to remove the whole of the prostate gland, but other treatment options are usually available, all of which should be discussed with the patient.

 

The Independent hospitals and the Heart of England NHS Trust asked the Royal College of Surgeons to review Mr Manu Nair’s surgical practices both in the NHS and the private sector. It was in light of the result of this review from the Royal College of Surgeons that patients were subsequently recalled.

 

The investigation into Mr Manu Nair’s practice has echoes of the investigations into the cases of ‘cleavage-sparing mastectomy’ by disgraced Solihull breast surgeon Mr Ian Paterson who performed hundreds of unrecognised operations at Spire Hospital at the Heart of England NHS Trust that breached medical guidelines and left women at a greater risk of breast cancer returning. Mr Paterson also performed unnecessary mastectomies, telling some patients they had cancer when they did not. Victims of Mr Paterson are stepping up their battle for justice and compensation against the Spire Hospitals by launching a petition. See the link provided for more information.

 

If you are one of the patients who had been recalled you may wish to do the following:

  1. Review the letter you have received following your recall.
  2. Do you wish to take the matter further?
  3. If so would you like an apology and/or compensation?
  4. Have you already lodged a complaint/spoken to solicitors?
  5. Call us to talk through your concerns

 

We would like anybody who was a patient of Mr Manu Nair to be aware of the issues concerning his work and to have the opportunity, not only to be reassured medically, but to be able to make an informed decision on their rights and available actions.

 

If you have been treated by any doctor or clinician either as an NHS patient, or as a private patient, and have concerns relating to your treatment then do not hesitate to contact our Clinical Negligence team for a confidential, no-obligation discussion and free advice.

 

We are able to offer a Conditional Fee Agreement (i.e. no win, no fee) or act under Legal Aid in appropriate circumstances.

 

Roseanne Elkington & Richard Stanford

Clinical Negligence

November 2015

References:

http://www.birminghammail.co.uk/news/midlands-news/heartlands-doctor-who-starred-tvs-10172871

http://www.birminghammail.co.uk/news/midlands-news/ian-paterson-cancer-surgery-victims-10101785

http://solihullobserver.co.uk/news/second-solihull-doctor-suspended-and-under-investigation-for-cancer-operations-6894/

http://www.bbc.co.uk/news/uk-england-birmingham-34418228

Mr H of West Bromwich received £25,000 in compensation from Sandwell and West Birmingham Hospitals NHS Trust following their failure to correctly manage his broken wrist.

 

Mr H, aged 34, was messing about a work during a lunch break. He went to punch a foam block when his friend took a step backwards, altering the point of contact. Mr H’s right hand was forced downwards when contact was made. His hand became cold and numb and he was in considerable pain.

 

Mr H attended Accident and Emergency at Sandwell General Hospital that day. He received x-rays which did not reveal any break. He was put into a plaster cast as a precaution and an appointment was made for him to attend the fracture clinic two days later. At the clinic the Consultant was suspicious that Mr H had suffered a fracture to his scaphoid bone (http://www.patient.co.uk/health/Scaphoid-Fracture.htm) which is common with this mechanism of injury and, notoriously, is rarely revealed by x-rays.

 

The treatment plan was for Mr H to remain in cast for 6-8 weeks. Five days later Mr H reattended the fracture clinic at the hospital. He was seen by a Trust Doctor (i.e. less well qualified than the Consultant he had seen previously). No additional x-rays were taken and the Trust Doctor decided there was no break. He decided to keep Mr H out of cast and provided a splint for him to use at night. Mr H was encouraged to mobilise the hand and returned to work at a factory, which involved manual work.

 

One month later Mr H returned to Accident and Emergency as he was in increasing pain in his wrist. Further x-rays and a CT scan were carried out which, by that time, revealed a minimally displaced scaphoid fracture. He was put back into a cast for five weeks.

 

One month later Mr H was seen again by the initial consultant who noted “I have seen him about two months ago with a suspected scaphoid fracture. He was put into plaster. Unfortunately following this he was taken out of plaster and mobilised. His fracture has now gone on to non-union.”

 

Mr H was referred to an expert wrist surgeon at Birmingham City Hospital. He underwent surgery three months later to fix the bone in the correct position. There was a threat he would need further surgery to include a bone graft which looks to have subsided.

 

Mr H recovered reasonable use in his hand although it will never be as good as the left hand. He instructed Brindley Twist Tafft and James to investigate the treatment that he received.

 

Expert evidence obtained suggested that had Mr H remained continuously in a plaster cast for an appropriate duration (6-8 weeks) on the balance of probabilities the fracture would have healed without further treatment and the surgery would have been unnecessary. His recovery period would have been shorter and he would not be left with a pin in his wrist which may later require surgery to remove.

 

The Defendant trust admitted the allegations made in that the original consultant’s treatment plan should not have been overturned by a more junior doctor. Settlement of £25,000 was negotiated which included the above factors under general damages. In addition Mr H had missed considerable time off work, been restricted on a family holiday and had been unable to assist his wife in caring for their baby.

Richard Stanford

Medical Negligence