Advising with empathy and experience

Claim against Scarborough and North East Yorkshire Healthcare NHS Trust

We acted on behalf of the Claimant in a claim against Scarborough and North East Yorkshire Healthcare NHS Trust. The Claimant had been suffering with abdominal pains for a number of months and had been referred by his GP to hospital for investigations. The results of the tests showed that the Claimant had diverticulitis and required treatment. However, the hospital filed the results away and took no further action. The Claimant assumed all was well but continued to experience severe abdominal pain. He returned to his GP several months later, who contacted the hospital. Upon locating the results and noting the diagnosis, the hospital arranged for the Claimant to be admitted for emergency treatment.

As a result of the delay, the Claimant suffered unnecessary pain and discomfort for a period of several months, and had to undergo a second surgical procedure which would otherwise have been avoided had the diagnosis been made earlier. The Claimant also required a colostomy for several months, which would have otherwise been unnecessary. The Claimant has since developed a hernia as a result of the additional surgery, which will require surgical treatment. The Defendant settled the claim after the commencement of court proceedings and the Claimant accepted the sum of £15,000 in settlement of their claim.