Hospital Infection Cases
C v The Oxford Radcliffe Hospitals NHS
Trust
Rosalind Colwill returned from Nigeria to the UK to attend her
nephew’s wedding in September 2002. She had previously suffered
bouts of malaria and was largely self-treating.
At the wedding she felt nauseous and ill, and her other nephew,
a doctor practicing in Australia, advised her to seek admission to
the Churchill Hospital for Infectious Diseases in Oxford.
On admission to hospital she was noted to have a headache, fever
and be generally feeling unwell.
A drip site was set up with an IV cannula for rehydration, even
though she was able to drink orally. Also, she was not dehydrated.
Overnight 1000ml of normal saline was infused. Thereafter the
cannula remained in the Claimant’s crook of arm for no purpose and
against the hospital’s protocol.
Rosalind began to feel better and her temperature went away. Her
malaria investigations were found to be negative. By the afternoon
of the third day, Rosalind was complaining of pain in her right arm
near the IV site. It was red and blushing. The cannula was
removed.
By the fourth day, her complaints of pain in the arm were
strident. She was seen by Dr N on the morning of 25 September.
Antibiotics were prescribed on 26 September when Dr N attended
again noting obvious spreading of cellulitis in the right
forearm.
Unfortunately, the IV antibiotics were prescribed too late and
Rosalind deteriorated significantly caused by a blood borne
infection. She was admitted to the Intensive Care Unit where
supportive treatment was given for septicaemia and pneumonia.
Rosalind was an inpatient for many months and suffered severe left
upper limb haemoplegia and left limb haemoparysis. The toes on her
left foot were amputated.
Paul McNeil was instructed by Rosalind
to claim compensation for the serious injuries she sustained.
Initially it was thought that the treatment in the run up to the
admission to the Intensive Care Unit was negligent and causative of
her injuries. However, on investigation by our infectious diseases
expert, it was established that the clinicians were negligent in
introducing the intravenous cannula and in failing to prescribe
antibiotics earlier.
The case was tried on the issue of liability only before Mrs
Justice Dobbs (Colwill –v–Oxford Radcliffe Hospitals NHS Trust
[2007] EWHC 2881 (QB).
The court found in Rosalind’s favour. She has received an
interim payment in the sum of £100,000 and all her legal costs will
be paid.
The case was conducted on a “No win, No
fee” basis.
Mrs Justice Dobbs when criticising the doctor caring for
Rosalind said: “...in addition to the fact that I have
generally found Dr N to be an unsatisfactory witness, I do not
accept his evidence that he gave careful consideration to the issue
of infection on the 25 September...”
Full case details
RA v Guy’s & St Thomas’ Hospital NHS
Trust
RA suffered from sickle cell anaemia, which required frequent
admissions to hospital. One such admission was to St Thomas’
Hospital in January 1996 and RA remained an inpatient for several
months. During that period, the hospital suffered an outbreak of
Multi-Drug Resistant Tuberculosis “MDR-TB”. Three patients had
contracted MDR-TB who were in hospital in the same ward and at the
same time. In January 1998 RA began to complain of symptoms of
tuberculosis (TB) and she was seen by the chest physician who
offered some conventional treatment that failed to cure her
tuberculosis.
During the summer of 1998, RA began to complain of excruciating
pain in her left hip, which she thought different from her sickle
cell pain. At the same time, she continued to have signs and
symptoms of TB but it was not until the summer of 1999 that
appropriate tests were undertaken to establish whether this was
multi-drug resistant. In August 1999 RA, was finally diagnosed and
appropriate treatment was commenced.
Unfortunately the MDR-TB had infected her left hip, which was
removed on 1 October 1999. RA was eventually discharged from
hospital on 3 February 2000 but it was not until 15 October 2002
that a left hip replacement was given.
RA contacted Paul McNeil in November 1999 and with the
assistance of public funding the medical records were discovered
(over 5,000 pages) and the appropriate experts reports obtained.
Proceedings were issued in August 2002 with a trial date fixed for
January 2004. The defence denied liability on the grounds that RA
contracted MDR-TB from direct personal contact with an infected
patient, that it was reasonable not to include RA as a contact of
the infection and that it was reasonable not to test RA for MDR-TB
until the summer of 1999. Moreover, the defendants alleged that the
claimant would have developed necrosis of her left hip in any
event.
As the claim proceeded towards trial, the defendants initially
made an offer to settle and then admitted liability. Finally the
case was settled in the sum of £50,000 on 8 December 2003. Although
no figure was agreed for general damages, approximately £30,000 was
allowed for this.
L v Forest Healthcare NHS Trust (2001)
Mrs L, then aged 67, had been suffering from unilateral
arthritis for approximately two years when she was admitted to the
Whipps Cross Hospital for an elective right total hip replacement
on 8 September 1994. Four days after the procedure, the wound was
found to be oozing and a swab was taken. On 15 September 1994, the
swab was reported to have grown MRSA and intravenous antibiotics
were recommended but not commenced for eight days.
In November 1996 MRSA was discovered in the prosthetic hip and
during a three month re-admission to the Whipps Cross Hospital, the
hip was revised. MRSA was again found in the prosthetic hip in late
1998 and during a further three month admission the prosthetic hip
was removed. On this occasion the hip was not replaced because of
the risk of a recurrence of the MRSA infection.
It was alleged that the Mrs L should not have been admitted to
the Whipps Cross Hospital for the elective total hip replacement,
given the history of MRSA infection on the surgical wards. There
were also a number of allegations concerning the post-operative
care Mrs L received, in particular the delay in administering
appropriate antibiotics and the failure to perform a radical
excision and irrigation of the wound on 27 September 1994.
Hilary Barsey was instructed to act on Mrs L’s behalf.
Proceedings were issued on Mrs L’s behalf on 5 October 1999.
The defence included a limited admission concerning the
post-operative delay in administering antibiotics. However it was
not until November 2000 that the defendant admitted full causation
for the intractable MRSA infection. The matter was settled shortly
before trial in the sum of £400,000.
You can find out more information about how to make a clinical
negligence claim and how we can assist you on our clinical
negligence pages.
Case summaries
RA v Guy’s & St Thomas’ Hospital NHS Trust
- Sickle cell in-patient - outbreak of Multi-Drug Resistant
Tuberculosis (MDR-TB) in hospital - 18 month delay in diagnosing
MDR-TB - infection to left hip - hip removed - hip replaced 3 years
later - settlement £50,000.
L v Forest Healthcare NHS Trust (2001) -
Elective total right hip replacement - MRSA in wound - 8 day delay
in commencing antibiotics - MRSA infection in prosthetic hip - hip
revision - MRSA in prosthetic hip - hip not replaced - settlement
£400,000