Six figure compensation relating to delay in treatment of a skull-based osteomyelitis

The client developed osteomyelitis, an infection affecting bone, at the base of his skull. The hospital failed to arrange timely investigations and specialist review of his condition.

The hospital admitted that it had breached its duty of care by failing to arrange a biopsy and refer the client to the skull-base multidisciplinary team meeting promptly. However, it denied that these failings caused his injuries.

The hospital argued that a separate, aggressive infection had caused the damage and that the client may have had a chronic inflammatory condition rather than a skull-base infection.

The client developed a secondary infection that led to brain damage and a spinal cord infarction, which is an injury caused by a disruption to the spinal cord’s blood supply. This left him with paraplegia, meaning paralysis affecting his lower body.

He also experienced right-sided deafness and facial palsy. His injuries affected his bowel and bladder control, and he lost sexual function.

The client also developed anxiety and depression as a result of his physical injuries.

The client’s paralysis and immobility had a profound impact on his life. His condition left him vulnerable to severe pressure sores, which became infected.

Sadly, the client died during the legal proceedings. His death was linked to complications arising from the pressure sores caused by his paralysis and immobility.

His family were left to deal with the loss while the claim continued, seeking recognition of the harm caused by the failures in his medical care.

The team on the case carried out an extensive investigation because of the complexity and severity of the client’s injuries. Specialist medical evidence was essential to establish what had caused the damage.

The hospital accepted that it had failed to arrange timely investigations and specialist review, but it argued that these failings hadn’t caused the client’s injuries. The team maintained that earlier treatment with intravenous antibiotics would have prevented the secondary infection from taking hold.

Eight medical experts were needed to help establish liability, meaning whether the hospital was legally responsible for the harm the client suffered.

Although the hospital accepted that aspects of the client’s care fell below the required standard, it continued to dispute the link between those failings and his injuries.

The team argued that treating the original skull-base infection earlier would have prevented the secondary infection and the catastrophic injuries that followed.

After the client died, the Coroner held an inquest. Through the legal representation, the client’s spinal cord infarction was listed as a cause of death. This enabled the team to argue that the hospital’s negligence had also contributed to his death.

The team secured a six-figure settlement on behalf of the client following his death. The outcome reflected the argument that the hospital’s negligence had caused not only his devastating injuries but had also contributed to his death.

The case involved complex medical evidence and a hospital that disputed the consequences of its admitted failings. The settlement brought the claim to a conclusion for the family.

A member of the client’s family said:

“Victoria, and the team were amazing. Our case was particularly difficult and needed a lot of effort and attention to detail and at no time during the process did the time, effort and care for the case waiver. My family and I are forever grateful to everybody and Victoria will forever hold a place in our hearts for all her help and support. Thank you.”

When medical treatment is delayed, the consequences can be devastating for both the person affected and their family. Establishing what went wrong and whether it caused avoidable harm can involve complex medical evidence.

Fletchers can help you understand your options if you believe negligent medical care has caused serious injury or contributed to the death of someone close to you.

Find out more about our medical negligence claims service.

Contact us today to speak to our team.