Claim Settled for Child’s Surgery Injuries
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Osbornes secures settlement for child’s surgery-related injuries
Osbornes Law successfully represented a minor, X, in a claim against two hospitals for injuries eventually sustained secondary to surgery X needed shortly after being born.
The background
X was born with complex health issues affecting her internal organs. X had a pacemaker inserted soon after birth and several months later X underwent an operation of her gut.
At various points during a 2-year period imaging showed that X’s pacemaker had moved but no action was taken.
At the end of that period, X began to complain of abdominal pain and was treated for urinary tract infections, which did not relieve X’s symptoms. X also suffered from constipation.
X was seen by a paediatric surgeon but no concerns were noted. X continued to experience pain and constipation and was seen by her GP twice in a month; X was also taken to A&E by her parents.
X had a pacemaker review whereby the pacemaker was reported to have moved position but no action was taken. X’s parents took X back to the GP three times in three months and once to A&E. At one of the appointments, X’s GP requested X be reviewed by surgeons but this did not eventuate so X’s parents took X to see a private pediatrician. They were advised to take X to A&E, which they did, but they were told X had constipation and X was discharged. X’s parents continued to seek medical assistance as they could see X was not well. They attended A&E again but after being dismissed, they sought advice from a private clinic. The private clinician realised X was unwell and wrote a referral letter to gastroenterology for X to be investigated.
This led to X being admitted for tests before being discharged and investigated further over the next few weeks;. X was found to have an infection but the cause had not been determined. X’s cardiologist advised her parents to take her to hospital and to not leave without X being admitted. X was admitted to hospital.
Critical discovery and emergency surgery
A few days following X’s hospital admission, it suddenly became apparent that the migrating pacemaker had caused severe damage to X’s bowels. X was transferred immediately to another hospital. An emergency laparotomy was performed to remove the pacemaker, which had perforated into X’s bowel and migrated.
X required a stoma as a section of the bowel was ischaemic. X was discharged to ICU but required further operations within days.
X was discharged for further treatment for the gut. The stoma that had been created was reversed. However, X unfortunately developed post-operative sepsis and required admission in ICU. X was transferred back to the other hospital and discharged home weeks later.
X’s recovery was monitored thereafter and a decision was made to reinsert a pacemaker.
The claim
The Claimant alleged that but for the Defendants’ negligence, X would have avoided at least 10 months of pain and suffering caused by the compression of the gut from the pacemaker lying in an incorrect position. X would also have avoided the trauma and distress caused by damage to the gut and would not have needed an emergency laparotomy and stoma formation, nor the various multiple surgical procedures that followed as a result of the negligence, which were alleged to have adversely influenced X’s overall development and also left X with unnecessary scars.
Thankfully, X suffered no long-term cardiac injury as a result of the negligence although due to the loss of some of X’s bowel X will likely require a surgery in future.
Claim settled
The Trust admitted liability pre-action and the claim successfully concluded out of Court. The Court approved the settlement for the injuries X suffered, care received from X’s parents as well as their expenses, and for X’s future treatment.
How can we help?
If you or a loved one suffered due to a medical procedure, our Medical Negligence solicitors are here to support you.
Contact Osbornes Law by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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“Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.”
“Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.”
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He also has a niche specialism in claims involving cauda equina syndrome.
Elline Demetriou is building a strong practice as a clinical negligence solicitor, handling a wide variety of cases including delayed diagnosis, surgical negligence and birth injuries.
Elline is always a pleasure to work with and always on top of complex cases.
Elline is a gifted lawyer and possesses a powerful combination of legal and medical skills, being tactically astute and having strong client care skills.
Elline is a delightful to work with and super reliable; you know she'll do a perfect job.
She advises on spinal injury claims.
Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment.
Jodi is passionate and balances that with the ability to see the right way to run a case from her first involvement.
Jodi is very knowledgeable, gets outstanding results for her clients, and is always available when assistance is required.
Jodi is an absolute star.
Hugh has particular strength handling issues of causation and informed consent.
Hugh Johnson advises on claims regarding failures to diagnose and manage spinal injuries, as well as failings in psychiatric care.
He thinks outside the box and is always thinking a step ahead of his opponent.
Hugh is utterly charming, highly empathetic and a first rate lawyer. He always comes in with good observations.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
The team has particular expertise in cases stemming from delays in diagnosis as well as surgical injury and wrongful birth claims.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
They are a very tight team. They're very friendly, helpful and obtain excellent results for clients.
A quality firm of solicitors with excellence at all levels of the team.
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Ben Posford, head of catastrophic injury, is well-known for spinal cord and cauda equina claims, including high-profile fatality work.
Josie Robinson brings 20 years of experience to the team, with specialist insight into pelvic mesh claims and maternal death cases.
Elline Demetriou supports the team on catastrophic injury cases and has a growing caseload in maternity and care home negligence.
Elline Demetriou is an up and coming associate. She is thorough and empathetic, with great client care skills.
Nicholas Leahy leads the firm’s inquests work and has developed a specialism in stillbirth and surgical fatality claims.
Nicholas Leahy is a very impressive associate. He is sharp and gets to the crux of the case quickly.
Jodi Newton is a fierce advocate for her clients and a very genuine person. She cares about each case.
Jodi Newton is fantastic. She's detail orientated and a really capable head of birth and paediatric negligence. She's a joy to work with.
Jodi Newton is particularly noted for her work on cerebral palsy and maternal injury claims.
Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.
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Hugh's technical knowledge is superb.
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I am very confident with Hugh representing me and always value his expertise and advice. He's always many steps ahead.
He is a master tactician and so on the ball; not a single thing goes under his radar. He really understands the medical side and is always thinking about how to achieve the best outcome for clients.
Hugh Johnson is fiendishly intelligent, with a laser sharp focus on the issues that matter.
Josie Robinson- very experienced, caring and professional. Excellent.
Elline Demetriou is one to watch for the future. She is determined and thoughtful, with a real dedication to her clients.
She is very tough, a real fighter, and drives a hard bargain for her clients. She has good judgment, and a good sense of the strengths and weaknesses of a case.
Jodi Newton is a passionate, hard-working and committed partner. She is excellent with clients, and gives absolutely 100% to all of her cases.
Nicholas Leahy - understands client needs very well, very responsive and proactive.
Jodi is very experienced and knowledgeable
It is a pleasure to work with Jodi. She has an excellent understanding of the issues and provides a good service.
Osbornes are always professional and diligent in respect of their clients.
Osbornes has an excellent depth of experience across the team.
Across the board, they are all a pleasure to work with. They always keep a pragmatic head and all have an eye on the best outcome for the client.
Jodi Newton - very hands on, gives every case her heart and soul
Jodi Newton is rapidly becoming the go-to partner for cerebral palsy cases. She has the determination to fight for her clients and is involved in some of the biggest cases at the moment.
Nicholas Leahy is a very safe pair of hands and really compassionate with clients. I expect great things from him in future.
Small but very effective and experienced team so every client benefits from the personal touch but also highly skilled litigation know-how. Capability of the team means they can handle all aspects of very complex cases as well as straightforward matters.
Ben Posford typically operates in the team’s spinal cord and cauda equina syndrome litigation.
Jodi Newton holds over 20 years of experience in birth and surgical injury cases, including those pertaining to cerebral palsy, negligent treatment of sepsis, and negligent A&E treatment.
The team frequently represents claimants in complex cognitive and spinal injury disputes, involving hypertensions, spinal fractures, as well as inadequate treatment of heart and blood diseases.
The team handles a host of complex maternal claims, including cognitive injuries as a result of delayed birth treatments, cerebral palsy, and vaginal mesh litigation.
Josie Robinson is fantastic with clients, very commercial and hugely experienced. Opponents respect her and she gets great results.
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They handle really complex cases very well
The clinical negligence team are knowledgeable and professional in their approach and demonstrate a high level of skill in litigation work.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
Jodi is really tenacious; she demands the best results and manages to secure them. She's got real drive and energy.
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Jodi Newton is passionate about her work and is a really creative lawyer, always trying to find practical and innovative solutions to problems encountered.
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Jodi Newton has specific expertise regarding birth negligence cases, including those which involve cerebral palsy and Erb’s palsy injuries.
Osbornes has a skilled team of solicitors advising clients on a wide range of clinical negligence matters.
Hard working, approachable, good knowledge of clinical negligence and clients’ specific conditions
A joy to work with and always 100% client focused at all times.
The clinical negligence team at Osbornes is much lauded for its ability to ‘represent the diverse range of London-based clients
“The team is very quick and efficient in responding."
"Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients."
Ben Posford leads the catastrophic injury team and regularly represents claimants in neurological injury and fatal accident claims. He also has a niche specialism in claims involving cauda equina syndrome.
Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment. She also advises on spinal injury claims.
"She is really wonderful in sensitively handling clients in extreme situations and is a real fighter."
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‘They are ambitious for their clients and expect high standards from all who work with them.’
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"I’ve been hugely impressed by Jodi Newton – she’s truly passionate about her cases and her clients, a real fighter and a star in the making."
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They are an excellent firm who achieve fantastic outcomes for their clients. They are also very prominent in injuries to those travelling to or from Europe. Multiple languages are spoken by the team.
This firm is responsive and efficient. Their rapidity in dealing with complications or hiccups is excellent.
Jodi Newton is brilliant – a very capable, experienced and empathetic solicitor who has experience of handling high value and complicated cases. I am working with her on a cerebral palsy case at the moment, in which she has obtained an admission of liability and a substantial interim payment. A first class addition to the team.
Really great clinical negligence practice, staffed by experienced practitioners who know how NHS Trusts work. They also build great rapport with clients.’
The team at Osbornes was recently strengthened by the arrival of 'experienced and empathetic' associate Jodi Newton. She joins a department noted for its expertise in delayed diagnosis and wrongful birth claims.
A stand-out solicitor with a huge track record of successful clinical negligence work. She is forensic in her attention to detail, but also sees the broad sweep of strategic considerations”.
Excellent service from Osbornes throughout on a difficult clinical negligence claim. Nicholas Leahy who handled the claim was responsive and professional throughout, while also providing pragmatic advice and clear drafting.
Working with Osbornes Law was the best decision I could have made. Nick was really attentive to my issue and did a very thorough job. He truly made the process headache free! Highly recommend them.
Nick Leahy has been my Solicitor throughout this journey and has been absolutely amazing; kind, approachable and extremely supportive... Through some dogged determination by Nick we achieved our goal without having to go to trial. I cannot thank Nick, Stephanie and all of the team at Osbornes highly enough for achieving a very favourable settlement, the outcome of which will make a huge difference to myself and my family.
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Quite simply excellent, with a highly competent and well-rounded team. They understand complex medical litigation and have been our lifesavers, and we will always owe them our immense gratitude.
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