Jeanette and David's Story - DVT Misdiagnosis and Drug Error

David had been a smoker but hadn't smoked for the last 10 years having been diagnosed with emphysema and chronic obstructive pulmonary disease (COPD). One afternoon David had noticed his arm had become swollen as far down as the elbow and there was a raised red patch near his shoulder. He found it painful to move his right shoulder. Jeanette recalls that the veins in her husband's arm were discoloured - they appeared to her to be "black, like you might see with a chicken leg." Their GP examined David and immediately referred him to hospital with a provisional diagnosis of axillary vein thrombosis - a form of deep vein thrombosis (DVT).

Obviously, any suspected life-threatening condition has to be treated rapidly and correctly, preferably in a hospital setting.

On arrival in hospital, David was examined by several different doctors. They arrived at a different diagnosis - a haematoma and cellulitis. A chest x-ray was performed and an x-ray of the shoulder was also taken. Eventually, the client's husband was seen by an orthopaedic surgeon, who made a diagnosis of a rotator cuff tear. David was then sent home with a prescription of paracetamol and an opiate-based painkiller.

At no point during his stay in hospital was an ultrasound or venographic study of the right arm taken. These are the standard clinical tests for DVT. X-rays do not confirm a diagnosis of DVT.

The original condition for which David was admitted - the DVT hadn't been investigated. Moreover, one of the painkillers he was discharged with was a coagulant (blood-clotting) agent, and the other was an opiate, a family of drugs which cause sluggish blood flow. Having failed to clarify whether the GP's diagnosis of a DVT was correct, the hospital sent David home with medication that was likely to make any DVT that was present worse.

48 hours later, David was readmitted to hospital. His condition had deteriorated. The doctor he was seen by noted that the veins down the whole of his right arm had turned black. The right arm itself was by now 3 cm greater in diameter than the left. An ultrasound was taken which showed a massive thrombosis. David was put on Warfarin (a drug which prevents the blood from clotting) and was admitted as an inpatient. Unfortunately there was a mix-up with David's anticoagulant medication and his Warfarin was withdrawn. He sadly died in hospital 2 days later.

When Jeanette approached Bond Pearce, we obtained her late husband's medical records. It was immediately apparent to our clinical negligence team, some of whom were previously in the medical profession that David's treatment had been below a standard that he and his wife could have expected. Our expertise meant that we didn't in this case need to obtain a medical experts report. We simply approached the Hospital Trust direct and they agreed to settle out of court. This meant that we were able to obtain a swift and substantial compensation package for Jeanette.

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If you would like to seek expert legal advice relating to this case study or any other injury claim please complete the online enquiry form or call 0800 915 4650