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Brian Cowell secures settlement for family of man who died as a result of a preventable heart attack

Mr X attended his GP as he had become quite breathless when walking. His GP referred him to a cardiologist who he saw a few months later. The cardiologist referred him for an ultrasound of the heart and a CT Cardiac Coronary Angiogram. An echocardiogram was carried out a few months later and the CT Cardiac Coronary Angiogram was performed a few weeks after that, which revealed extremely extensive coronary artery disease with a tight left main stem stenosis and significant disease of all three coronary arteries.

Ten days later, Mr X was added to the waiting list for an emergency invasive angiogram.

Unfortunately, two weeks later he collapsed at work and passed away from a heart attack. The date of his proposed emergency invasive angiogram was thirteen days after his death.

Advice was sought from a Consultant Cardiologist. A Letter of Claim was sent to East Kent Hospitals University NHS Foundation Trust in which it was alleged that the failure to admit Mr X and carry out further investigations following the CT Cardiac Coronary Angiogram represented a breach of duty. It was also alleged that if appropriate treatment had been administered he would have been treated with suitable medication and admitted straightaway (as he was symptomatic) with a plan for invasive angiography in the next one to two days. Following his angiography, he would have been kept in hospital and transfer arrangements would have been put in place for him to undergo in-patient bypass surgery. Such bypass surgery would occur within a week to ten days of referral, meaning that, on the balance of probabilities, had Mr X been treated according to a usual standard of care he would have had bypass surgery and survived.

A Letter of Response was received in which liability was denied. Further negotiations did not alter the opinion of the defendant, but settlement was finally achieved in the sum of £140,000.