Court approves settlement of claim against East Surrey Hospital for tragic death of young mother

Posted: 10/07/2012

Penningtons Solicitors LLP’s clinical negligence team has settled a claim against East Surrey Hospital on behalf of Mr Hitesh Sharma and his two sons in relation to the death of his wife, Mrs Lucia Sharma, 37, due to a failure to identify a sub arachnoid haemorrhage in time to prevent further fatal bleeding.

Mrs Sharma died on 13 May 2009 following a sub arachnoid haemorrhage. She had previously been admitted to the East Surrey Hospital suffering from symptoms which included headache and neck pain. A CT scan, which was reported to be normal, in fact showed a sub arachnoid haemorrhage which should have been spotted and treatment instituted in time to prevent any further bleeding.

Accurate reporting of the CT scan and/or further investigations – as CT scanning is not always diagnostic of a sub arachnoid haemorrhage - should have led to the diagnosis being made and Mrs Sharma’s prompt transfer to a neurosurgical unit for treatment by way of coiling, a procedure performed by interventional neuroradiologists which avoids much of the trauma associated with open surgery performed by a neurosurgeon.

However, Mrs Sharma was discharged with no clear diagnosis and ongoing headache and other symptoms. The expert advice available to the claimant is to the effect that a coiling treatment would have been successful, leading to a full recovery and a normal life expectancy for Mrs Sharma.

The clinicians at East Surrey Hospital appreciated their error on 12 May 2009 and asked Mrs Sharma to return to hospital urgently but this was too late to prevent a further bleed later that day resulting in Mrs Sharma’s death the following day. A claim was brought on behalf of Mrs Sharma’s estate and in respect of the loss of dependency by her husband and two young sons.

The NHS Trust responsible for East Surrey Hospital, Surrey and Sussex Healthcare NHS Trust, has admitted liability for Mrs Sharma’s death and, after investigations into the value of the claim, negotiations have resulted in an agreement on the terms on which the claim should be settled. The matter has been subject to court approval because part of the settlement is for her children.

Commenting on the settlement, Mr Sharma said: “Nothing can ever bring Lucia back to give my sons their childhood with their mother. These events were incredibly traumatic and I shall never forget the pain and discomfort that Lucia suffered in the last few days of her life.

“I feel that the hospital completely failed her. It is clear that the possibility of a sub arachnoid haemorrhage was considered but it was discounted when it should not have been. I find it incredibly hard that, when this is such a serious condition, the hospital did not ensure that it could be safely discounted. A proper review of the scans and/or further investigations would have identified the problem but both chances were missed. To look back and know that all the time we were waiting for Lucia to get better, the window of opportunity for treating her and her surviving was disappearing is very hard. Lucia is much missed and her death could have been avoided. I hope that this case draws attention inside the hospital and to patients and their families of the critical importance of catching this condition early and the fatal risks of ignoring it.”

Philippa Luscombe, a partner in Penningtons’ clinical negligence team, said: “This is one of the saddest cases that we have dealt with. Lucia Sharma’s entire family has been devastated by her loss and the concern and then knowledge that she should have been diagnosed earlier and survived. It is very sad that the correct diagnosis was suspected at the outset and appropriate investigations started but that she was not fully and properly assessed before this possibility was eliminated and she was discharged.

“East Surrey Hospital conducted a full investigation at an early stage and was very good at admitting the errors made and, while the avoidability of her death was hard for the family to learn, the open approach has been appreciated. Likewise, the hospital’s sensible approach to settlement has been appreciated given the circumstances. It is hoped that lessons have been learned so that this will not happen to another family.” 

Contact: Philippa Luscombe
Related services: Clinical negligence
 

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