£600,000 Compensation for Being Prescribed the Wrong Medication

Author:
David Thomas
Partner, Medical Negligence Lawyer
Date:
17/05/2019

A Medical Negligence Case Study - Client Situation

Our client was being treated for Crohn’s disease but was prescribed the wrong medication, which reacted to elevated levels of creatinine in her blood. This was in breach of guidelines from the National Institute for Health and Care Excellence (NICE), and triggered chronic kidney disease.

Being prescribed the wrong medication led to our client, requiring dialysis and kidney transplant. The medical negligence case therefore hinged on whether University College Hospital NHS Foundation Trust was negligent or if it was reasonable practice not to carry out blood tests every 3 months on a background of elevated creatinine levels.

How We Helped

The client contacted our Medical Negligence claims team and the case was taken on by Medical Negligence Lawyer David Thomas, with the assistance of Paralegal Chantelle Cooper. We appointed two medical experts to examine the clinical decisions that were taken and how they impacted on our client.

Consultant Gastroenterologist Professor Mayberry was able to provide evidence that prescribing Mesavant and Pentasa, both of which contain the active ingredient Mesalazine, on a background of high creatinine levels, was in breach of NICE guidelines - and that this was responsible for triggering our client’s chronic kidney disease.

Meanwhile, Consultant Nephrologist Dr James Pattison was able to demonstrate that had blood tests been done every 3 months following the elevated creatinine level tests, the chronic kidney damage would have been quickly identified. The medication would therefore have been stopped and the client would have avoided the need for dialysis, total kidney failure and a transplant.

However, the Gastroenterologist appointed by the defendant insisted that performing blood tests every 3 months wasn’t mandatory, irrespective of the NICE guidelines. Eventually, the nephrologist expert appointed by University College Hospital NHS Foundation Trust agreed with Dr Pattison that had 3-monthly blood testing been carried out, chronic kidney disease would have been identified earlier and on the balance of probabilities, the client would have avoided dialysis and kidney transplant.

The Outcome

University College Hospital NHS Foundation Trust offered to settle the claim for £600,000 before the case went to Trial, and our client accepted this offer of compensation.

This particular medical negligence case serves as a reminder of the need for doctors to take a full medical history of a patient and carry out all necessary tests before administering any form of medication. Only once this has been done, and it is clear there are no red flags, can medication be safely prescribed.

For more information see Hospital Negligence Claims or Medical Negligence Case Studies.

For free legal advice call our Medical Negligence Solicitors

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