Case studies: Medical Negligence,
Personal Injury and Healthcare Disputes
Finding a voice
An elderly lady was admitted to hospital following a fall. She was malnourished,
dehydrated and failing to cope alone. After a brief course of treatment
she was discharged home. Three days later she was readmitted to hospital.
Her daughter complained that her mother had been discharged without services
on a Friday afternoon and that she (as next of kin) was given insufficient
notice to make essential preparations. The claim included a significant
demand for compensation.
After 18 long months of distress and correspondence and an unsatisfactory
independent review, mediate first were asked to step
in. We held an independent mediation meeting between the ward staff,
the patient and her daughter. During the single half-day session, the
staff demonstrated the discharge plans for the discharge and identified
the failings of the various services in delivering these plans following
discharge. The patient and her daughter were able to explain the problems
they had faced and their efforts to find solutions. The mediation clarified
for both parties what should have happened and what went wrong.
Apologies
and additional support were accepted along with an ex-gratia payment.
Living with the results
A medical negligence claim was made by a 45 year-old gentleman claiming
that he would never have agreed to surgery 20 years ago had he fully
understood the implications. His claim included 35 years loss of earnings.
After many attempts to resolve the case through traditional channels
(eg independent reviews and pre-trial hearings), mediation was arranged
with mediate first. The claimant, his advocate and the
Medical Director were present at the half-day mediation.
Both parties were able to agree what should and should not have happened
at the time. Apologies were accepted and a package agreed which included
a commission by the Trust for the claimant to assist with an ongoing
research study.
Both parties were happy with the outcome which offered a positive outcome
for all.
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