Settlement for fatal claim following delayed diagnosis of deep vein thrombosis

We have settled a claim on behalf of a mother and her four young children in relation to the death of her husband due to a delayed diagnosis and treatment by an NHS trust of a calf DVT (deep vein thrombosis), which led to a fatal pulmonary embolism. This matter was extremely important given the young age of the deceased and the number of dependants he had.

We represented the family at the inquest opened by the coroner and in the subsequent claim on behalf of the estate and dependants of the deceased.

We obtained medical records, lay witness evidence and expert evidence on breach of duty and causation in the fields of emergency nursing, emergency medicine and vascular surgery. We pushed the trust and the coroner for disclosure of relevant witness evidence and proper investigations into the matters at hand. An inquest concluded with a narrative conclusion that referred to failings in the care provided to the deceased. Admissions were received after a protocol letter of claim was submitted.

The claim was complex to quantify due to the deceased’s self-employed status and his multiple dependants, two of whom have special educational needs. Quantum expert evidence was obtained in the fields of forensic accountancy regarding financial dependency, and loss of services dependency. The claimant’s quantum evidence was finalised and served on a without prejudice basis, following which the parties reached a settlement in principle at a joint settlement meeting, with damages in excess of half a million pounds.

Part 8 proceedings were issued to enable an approval hearing to take place. The claim was concluded after a judge of the High Court approved the settlement, which included claims for two infants.

Commenting on this case, Lucie Prothero, senior associate who specialises in inquests and fatal claims, said: “This was an extremely sad case, leaving a wife and her four children without their beloved husband and father. They also lost the only income into the household and were reliant on welfare benefits, which made life all the more difficult for them. The NHS trust thankfully took a sensible approach and conceded liability early, which meant we were able to forge ahead promptly with quantifying the claim and reaching a settlement for the family. Whilst no sum of money would ever compensate the family for their loss, it did take a financial weight off my client’s shoulders and she felt that by concluding the litigation, she could look forwards and focus on building a happier future for her young family knowing that they had financial security.”