Clinical negligence

Client: NHS Trust

Claim: A widow with three young children claimed compensation following the death of her husband from a viral infection that, as a very rare complication, attacked the muscle of his heart. She alleged that the treatment provided over the course of a weekend by junior doctors in a general hospital was sub-standard, and that her husband should have been transferred to a hospital with more specialist facilities.  Had such treatment been provided, she alleged that his death would have been prevented.

Weightmans’ investigation and action: Exploration of the standards of clinical care indicated that there were some aspects of treatment that might, with justification, be criticised. However, our examination of the case records and detailed analysis of the strain of the virus concerned enabled us to demonstrate that death was inevitable irrespective of clinical management. 

Result: Claim successfully defended.