In 2017 45 year old Mr X had keyhole knee surgery on both knees undertaken privately by Mr Thomas McAuliffe, a Consultant Orthopaedic Surgeon, at the Spire London East Hospital (formerly Spire Roding Hospital). Unbeknown to Mr X he developed a deep vein thrombosis (DVT) which led to a fatal pulmonary embolism (PE) and he died at home 11 days later, leaving a long-term partner and two young children.
Mr X’s family instructed Shantala Carr, Solicitor and Partner at Girlings Personal Injury Claims Ltd in October 2017, to investigate a medical negligence claim.
Mrs Carr obtained Mr X’s medical records and sought the advice of independent medico-legal experts, including a Consultant Orthopaedic Surgeon, a Professor in Vascular Surgery and a Consultant Haematologist. They advised that Mr X had three risk factors for developing a DVT/PE (increased BMI, length of surgery and increased immobility following surgery) which meant that he should have been given blood thinning medication and TED stockings as per national NICE guidelines and the Spire Hospital’s own guidelines. However, Mr X was given neither which resulted in his death. Mrs Carr therefore initiated a medical negligence claim against Mr McAuliffe.
Mr McAuliffe’s medical indemnity insurer vehemently denied the claim on the basis that they disagreed that Mr X was at increased risk of developing a DVT/PE and that there was no proof that thromboprophylaxis (blooding thinning medication and TED stockings) prevented a DVT/PE.
Mrs Carr instructed Caroline Hallissey, barrister at Serjeants’ Inn Chambers, and issued proceedings in the High Court. The Defendant continued to deny liability throughout the case, which meant exhausting the Court timetable with a trial listed for 7 days in January 2023.
In September 2022, 4 months before the trial, negotiations between Mrs Carr and the Defendant’s solicitor began. Due to Mr X being a successful director and shareholder of a company, Mrs Carr had instructed forensic accountants to advise on loss of earnings and loss pensions. Following a period of negotiation, the case settled for £1.05m, which was approved by the High Court in November 2022.
Mrs Carr comments:
“This is a terribly sad case involving the avoidable death of a 45 year old man, leaving behind a grieving family including a widow and two young children. Coming to terms with the death of their loved one was made worse by the Defendant denying liability and refusing to enter into negotiations for 5 years. We had a vigorous fight on our hands but I am very pleased that a significant settlement was achieved in the end so that Mr X’s family can finally draw a line under the litigation and have the financial stability that Mr X would have provided and wanted for his family.”