Anaesthesia cases
M v Mount Alvernia Hospital (2001)
M was admitted to the Mount Alvernia Hospital for laser
laparoscopy for suspected endometriosis on 3 November 1997. During
the surgery, the patient was anaesthetised but she was not
ventilated with oxygen for a period of about 10 minutes due to the
negligence of the consultant anaesthetist. In addition, the
anaesthetist failed to ventilate M continuously for some hours
following the surgery to ensure adequate oxygenation.
As a result of the negligence, M suffered hypoxic cerebral
damage. Fortunately, her recovery was good but she still suffers
memory impairment, impaired concentration and continuing cognitive
weaknesses, including a mild general deterioration of her
intellectual function.
Negligence was immediately admitted, but causation and quantum
of damages were strenuously denied.
At the time of the negligence, M was a qualified midwife who had
been undertaking a degree course in health studies. It was her
intention to qualify as a primary school teacher. She has not been
able to work full-time since the accident.
The trial was fixed for 29 October and Paul McNeil settled the case a few days before
trial in the sum of £305,000.
J v H (1998)
J, a 56 year old man, was admitted to hospital for a secondary
coronary artery by-pass operation as a private patient.
Notwithstanding a history of asthma, the anaesthetist failed to
examine J during a pre-operative assessment. J suffered an asthma
attack during the anaesthetic. Initially, the anaesthetist failed
to recognise this and when he did diagnose it, he administered a
massive overdose of Salbutamol. Sadly, J suffered circulatory
collapse and died. It was alleged that J's death was caused by
severe hypoxia as a result of the delay in diagnosing and treating
the bronchospasm and/or the administration of an excessive dose of
Salbutamol.
At the time of his death, J was a director of Merrill Lynch
Europe Limited and an Executive Director of Merrill Lynch
International Bank Limited. His wife’s claim for financial
dependency was substantial even on a limited life expectancy and
the claim settled in the sum of £475,000, plus costs.
M v East Hertfordshire Health Authority
(1991)
M, a 68 year old man, presented to the accident and emergency
department of his local hospital with a history of vomiting and a
diagnosis of an irreductable right inguinal hernia was made. M was
taken to theatre to surgically reduce the hernia. The anaesthetist
was aware of the history of vomiting and yet failed to apply
cricoid pressure correctly or at all during the administration of
the anaesthetic or the endo-tracheal tube. During the procedure M
regurgitated the contents of his stomach and this entered his
lungs. As a result, he suffered Mendelson’s Syndrome. He was
admitted to ITU and was ventilated mechanically. M made gradual
improvement and was eventually discharged just over one month after
he was admitted, but he continued to suffer from shortness of
breath, lack of concentration and poor memory. He had to give up
work as a self-employed lorry driver.
A settlement was agreed in the sum of £42,500 plus costs.