The Failure to Care - Misplaced Trust and Medical Negligence

The Deceased was admitted to hospital on two occasions with reduced mobility, confusion, inadequate nutrition and urine retention. Their health and mental capacity declined whilst in hospital and they also received treatment for pneumonia. A month later, the Deceased was transferred to the Defendant hospital with a diagnosis of Myoclonic Encephalopathy (a condition characterised by recurrent seizures, abnormal brain function and intellectual disability). There was a failure by the Defendant Trust to record and monitor the Deceased’s observations, nutrition adequately and to risk assess the nasogastric tube (inserted through the nose into the stomach for limited periods to deliver food or medication) resulting in the misplacement of the tube which was fed into the Deceased’s lung.

Following an investigation, the Deceased’s partner contacted Forbes Solicitors to make a claim for Clinical Negligence. The issues were investigated and a letter of claim was sent to the Defendant Trust. After several extension requests, the Defendant Trust served a letter of response. The Defendant Trust’s letter of response accepted that there was a failure to monitor and manage the nasogastric tube appropriately, which led to it being incorrectly inserted into the Deceased’s lung, but denied that this, alongside the failures to monitor adequately and to note the deceased observations and nutrition, caused or contributed to the death of the Deceased.

The Client accepted this offer in January 2025 on the basis that the motivation behind the claim was to hold the Trust to account for the negligent treatment. The Client did not wish to obtain further expert evidence on whether the negligence accelerated the death and reduced life expectancy, despite this being advised. This is likely to have led to more substantial damages. The Client received an apology and £4000 settlement and the hope is the Trust will learn from their mistakes.

How Forbes Solicitors Can Help You

Our expert no win no fee solicitors will discuss your personal injury claim with you and ascertain whether you have a viable claim and a strong chance of success. We offer services nationwide, we can provide consultations by telephone or video call, or in any of our branches across the UK. Our no win no fee solicitors will focus on recovering maximum compensation for your injuries in the quickest possible time.

If you or anyone you know feels that they may have experienced any of the issues outlined in this article and would like to discuss this, please contact the Clinical Negligence department on 0800 037 4625, a member of our team will be happy to assist.