HK - Clinical Negligence

Fatal claims

At Hay & Kilner we understand that no amount of money can replace a loved one who has died as a result of a medical or surgical error. If financial losses have been suffered an award of compensation can help to relieve any financial burden suffered as a result of the fatal error. A fatal clinical negligence claim can arise due to a number of medical errors, such as misdiagnosis; surgical error; and improper care of elderly patients in care homes or hospital.

Here are some examples of our settled and current fatal claims:

Failure to diagnose pneumonia

Hay & Kilner settled a claim for £200,000 on behalf of our client’s late wife, who became ill with a fever, chest tightness, overall body pain, sore throat and dehydration. She attended Accident and Emergency at her local hospital and an ECG demonstrated an abnormal rapid heart beat. Bloods were not taken and a chest X-ray was not performed. Our client’s late wife was incorrectly diagnosed with a viral illness and discharged from hospital. She continued to deteriorate and collapsed four days later and died. It was successfully argued that the Defendant hospital failed to perform a chest X-ray, which would have confirmed a diagnosis of pneumonia. Antibiotics would have been administered, which would have prevented her death.

Failure to diagnose a heart attack

Hay & Kilner are investigating a claim on behalf of our client’s late wife. She attended Accident and Emergency with severe chest pain. An ECG was performed and was strongly suggestive of a heart attack. However, it is alleged that the hospital negligently treated our client’s late wife’s chest pain as musculoskeletal. After a delay of 4 hours, a diagnosis of heart attack was made and she was urgently transferred to a Regional Cardiac Unit. She underwent an emergency angioplasty procedure but sadly, she continued to deteriorate and was later pronounced dead.

It is our client’s case that the hospital inappropriately diagnosed musculoskeletal pain and, as such, failed to implement the local protocol for an acute heart attack. Had our client’s late wife received timely treatment, on balance, she would have survived and gone on to live a normal life.

For further information, please contact Clare Thompson on 0192 232 8345 or email clare.thompson@hay-kilner.co.uk


  • Hay & Kilner has an ‘excellent grasp of clinical negligence law and an excellent manner with clients’, and recently settled several high-value claims including a sub-standard knee surgery case and a meningitis case. It also secured a £70,000 award in a dental claim. Clients rate Clare Thompson, Helen Morland and the ‘hugely experiencedDavid Bradshaw. The firm has a multi-party action franchise.

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  • Hay & Kilner's ‘efficient, knowledgeable and conscientious' clinical negligence practice settled a substantial number of cerebral palsy claims with a combined value of £20m over the course of 2009, and was retained on the Spinal Injury Panel. ‘Experienced' partner David Bradshaw and the ‘methodical, bright' Clare Thompson are both recommended.

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