19-year-old woman receives £85,000 after six year medical negligence case ends

5th February 2019

A 19 year old woman has received £85,000 after a six-year medical negligence claim against a major NHS Foundation Trust finally came to an end in December 2018.

Kaomi Layton’s case against the Birmingham Women’s and Children’s NHS Foundation Trust centred on two sets of medical negligence allegations after she was admitted to hospital in March 2013 with diabetic ketoacidosis when she was just 13.

The first allegation was in response to the misplacement of Miss Layton’s nasogastric tube which happened on 2nd April 2013 and the second was in response to ‘the negligent development of pressure sores’ that led to her loss of amenity due to hair loss and significant scarring.

Aside from the physical pain and damage that Miss Layton experienced as a minor, her mental wellbeing was also harmed.

Fletchers Solicitors, who fought on behalf of Miss Layton, recognised that the Claimant was placed at serious risk because of the negligible actions of the Trust.

Hannah Ashcroft, Senior Solicitor at Fletchers Solicitors, believed it was Fletcher’s unshakable belief in Miss Layton’s case that brought proceedings to a finale.

Hannah said: “Kaomi has been through a tremendous ordeal from a very young age with the consequences of what she is still dealing with.

“With her settlement monies, Kaomi is now able to undergo the treatment she requires and move on with her life.

“I hope Kaomi can put the traumatic events behind her and enjoy a happy and successful future.”

On 2nd April 2013 Miss Layton was admitted to PICU (Psychiatric intensive-care unit) due to the first medical negligence claim triggering aspiration pneumonia with respiratory distress.

This was found to be directly related to the misplacement of the nasogastric tube – the insertion of a plastic tube through Miss Layton’s nose, down the throat and into the stomach – which required mechanical ventilation before it was removed.

During this period, Miss Layton was managed by IV fluids and IV feeding, antibiotics and physiotherapy and was discharged to the ward on 4th April 2013.

Just one day later, however, she was re-admitted to PICU with increasing respiratory distress which was managed with non-invasive ventilation with CPAP (Continuous positive airway pressure) for 24 hours.  

In regard to the case’s second set of allegations, it was alleged Miss Layton developed grade 3-4 pressure ulcers that took 6-8 weeks to heal and left significant and permanent scarring.

As a result, Miss Layton suffered moderate depression and PTSD where psychotherapy and CBT (Cognitive behavioural therapy) was recommended.

After the case was settled, Miss Layton said:  

“Thank you for everything you (Fletchers Solicitors) have done. You never failed to keep me informed on what’s going on and explained everything properly when I didn’t quite understand.

“I’m really happy with the outcome of my case and I couldn’t fault the solicitors on anything, thank you so much to everyone that has helped!

“It’s been a long six years but I’m glad it’s finally come to an end and my case has been finished!”

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