Colin Smith

Mr Smith brought a claim for medical negligence against a local hospital on behalf of the estate of his late wife.  His wife suffered from diabetes and, because unfortunately her diabetic control was poor, she suffered a number of complications arising from this including infections, abscesses and diabetic eye disease.  Mr Smith’s wife became poorly and was admitted to hospital with severe vomiting and stomach pains and an infection and became progressively more poorly.  Various diagnoses were postulated including appendicitis or bronchitis.  After 3 days’ delay an ultrasound scan was performed which revealed an obstructed kidney.  Mr Smith’s wife was left for another day with her conditioning worsening.  She was eventually transferred to intensive care and an operation was performed to unblock the obstructed kidney.  Mrs Smith died during the operation, 4 days after being admitted to hospital. Mr Smith’s expert concluded that, had Mrs Smith been treated more promptly, she would have survived the obstructed kidney.  The case was complicated by the fact that Mrs Smith was diabetic and because of her underlying condition her life expectancy had been reduced in any event.  Once again, the Defendant NHS Trust maintained a robust denial of liability despite overwhelming evidence of neglect.  The matter was settled shortly before trial in the sum of £100,000.  The case was a complicated one requiring evidence from neurologists, diabetologists and nephrologists.  The settlement comprised compensation for funeral expenses, statutory bereavement damages, and some compensation to Mr Smith for his wife’s loss of earnings to her retirement age.  Mrs Smith worked part-time hence the earnings and thus the size of the claim was limited by this factor.