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Clinical Negligence director Rebecca Thomas has obtained a significant settlement for a client after an NHS Trust failed give her mother adequate care when she transferred to adult care and became pregnant.

The client’s mother approached Duncan Lewis after she received a serious incident report from the hospital, which was prepared in accordance with their duty of candour.

The client’s mother has a hereditary condition called Marfan’s Syndrome. This is a connective tissue disorder associated with a gene mutation in the majority of cases.  A heartbeat that feels like it’s skipping and skeletal features are common in patients with Marfan’s syndrome but the main problem is the danger of aortic dissection, which relates to a potentially deadly tear in the body’s main artery.

The client’s mother was under the care of the local children’s hospital for monitoring and treatment of her Marfan’s syndrome. She was referred to the local adult hospital for ongoing care but the hospital did not receive the referral. The last heart scan (echocardiogram) which was performed at the children’s hospital was reported incorrectly. She would have been referred to the aortopathy service had the scan been reported correctly.

The client became pregnant and as pregnancy carries a high risk of complications and aortic dissection, she was booked for high-risk antenatal clinic. The midwife noted the client’s history of Marfan’s syndrome and although she was booked for shared care, she was not seen by a consultant obstetrician and was not referred to a consultant cardiologist.

When she was 16 weeks pregnant, the client attended the A&E department. Despite the fact that the hospital was aware of her pre-existing medical condition, the doctors misdiagnosed the client’s condition and there was a considerable delay in diagnosing aortic dissection, which is a medical emergency. The client’s mother was transferred to another hospital for heart surgery. She had three further operations and underwent an extensive period of rehabilitation.

The client survived however, she suffered multiple bowel atresias (closures of natural body passages) and had to undergo emergency surgery immediately after the birth, when eight sections of bowel were removed. She was in intensive care and hospital for almost 12 months after the birth. She has a feed aversion and is fed via tube.

The client has a complex claim under the Congenital Disability (Civil Liability) Act 1976. Numerous expert reports were obtained addressing liability and causation. Establishing causation was particularly difficult due to the nature of the injuries sustained by the client.

Once the liability and causation expert evidence was finalised, counsel was instructed to draft the Particulars of Claim which were served on the defendant on a without prejudice basis. Following receipt of the draft Particulars of Claim, the defendant invited us to attend a round table settlement meeting. At the meeting, the parties agreed to settle the issue of liability on the basis that the client will receive 90% of the damages as agreed or awarded by the court. This is an excellent outcome for the client. The settlement will have to be approved by the court, as the client is a minor and as such, a protected party.

Now that the parties have agreed settlement of liability, we have requested two substantial interim payments – one on account of damages and one because of costs and disbursements.

Duncan Lewis act under a Conditional Fee Agreement (CFA).

Rebecca Thomas is a Director of Clinical Negligence and Personal Injury at Duncan Lewis Solicitors. She supervises a team dedicated to achieving the best outcomes for clients and assesses all clinical negligence and personal injury claims handled by the firm.

Rebecca specialises in severe and complex cases, including birth, brain, surgical, and orthopaedic injuries due to delays, misdiagnosis, or negligent surgery. She also has extensive experience in ophthalmic cases, such as retinal detachment and laser surgery claims.

Rebecca has secured notable compensations, including a six-figure award against two NHS Trusts and substantial damages from a national optician for a client who lost sight in one eye.

She is recognised as a Recommended Lawyer in The Legal 500 directory.

For advice in any clinical negligence or personal injury matter contact Rebecca via email at rebeccat@duncanlewis.com or by telephone on 02031141309

Duncan Lewis Solicitors

Duncan Lewis is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and Partners and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. We were most recently crowned Law Firm of the Year at the prestigious LexisNexis awards 2024.