Northamptonshire man receives £1.365 million after delayed AV fistula diagnosis

Our client brought a claim against Derbyshire Health United Healthcare and Kettering General Hospital NHS Foundation Trust after the organisations admitted failures in his care. 

The claim centred around the delay in diagnosing his arteriovenous (AV) fistula after our client had developed concerning neurological symptoms. Derbyshire Health United Healthcare admitted that it failed to recognise how important these symptoms were. The symptoms included leg weakness and sensory issues, meaning he should have been referred to emergency care. 

The trust also admitted that they failed to arrange appropriate follow-up investigations when our client showed these symptoms and there were abnormal results from a bladder scan. Had the appropriate steps been taken, our client would have undergone an MRI scan of his whole spine and the AV fistula would have been diagnosed much sooner. This would have allowed him to receive surgical treatment. However, the delay in diagnosis meant he did not have the necessary surgery until two months later. 

As a result of this delay, our client suffered avoidable neurological deterioration which has had a lasting effect on his life.

The delayed diagnosis and treatment left our client with significant difficulties in movement and ongoing neurological symptoms. He now requires mobility aids, including crutches and wheeled walkers, to help him move around safely. 

Our client also lives with intense nerve pain and continues to attend a range of therapies to help manage his symptoms and improve his quality of life, including: 

• Cryotherapy 
• Hydrotherapy 
• Physiotherapy
• Psychotherapy 

The injury has had a major impact on the activities he previously enjoyed. Spending time outdoors and connecting with nature had always been important to him, but his reduced mobility made this difficult. To help regain some independence, our client invested in specialist equipment, including an Exotek Quad; an all-terrain powered quad-style mobility device. He also invested in and Ascentix Exoskeleton; the world’s first modular wearable robotic system designed to support human movement. This equipment enables him to access outdoor spaces once again and continue spending time with his therapy dog, a four-year-old working cocker spaniel. 

Our client’s new reality has also impacted his relationship with his wife. The couple have been together for approximately 25 years and married for around four years. Adjusting to the challenges created by our client’s condition has been difficult and has meant changes to their daily routines and lifestyle. 

Our clinical negligence team helped this client in his claim against Derbyshire Health United Healthcare and Kettering General Hospital NHS Foundation Trust. 

The case focused on the admitted failures of the hospital to recognise and properly investigate our client’s symptoms, which led to a significant delay in diagnosing and treating his AV fistula. Evidence showed that if appropriate action had been taken when he first presented, the condition would have been diagnosed earlier and the surgery carried out months sooner. 

 This delay left him with permanent neurological symptoms that continue to affect his daily life. Following negotiations, we secured compensation of £1,365,000 for our client. 

The compensation has meant our client felt more secure and could access the resources he needed to adapt to life with his injuries. With his ability to move around significantly restricted, the settlement meant he could purchase specialist equipment designed to support his independence. This means he can continue engaging in activities that are important to him like being outdoors. It has also given him the opportunity to explore buying a bungalow better suited to his long-term needs. 

Importantly, the compensation has meant our client could access the ongoing therapies and support he needs to manage his pain and maintain his wellbeing. While no amount of compensation can undo what has happened, the settlement provides financial stability and practical support, helping our client and his wife look towards the future with greater confidence. 

Experiencing medical negligence can leave you feeling frustrated and uncertain about what comes next. At Fletchers, we understand the challenges that arise when the care you received was not the care you deserved. Our specialist medical negligence solicitors are here to help, offering expert legal advice and compassionate support from the first call. We are dedicated to helping you and your family find answers so you can move forward. Speak to our team today to find out how we can help.