Following the death of Mr DL (83) from Crawley in West Sussex, a loving father, husband, grandfather and great-grandfather, his family sought answers from Barts NHS Trust, but to no avail. Feeling they had no other option left available to them, they turned to clinical negligence lawyers at Moosa-Duke Solicitors to fight for justice.
The family had also failed to get the answers they were seeking during an inquest, as to whether an MRI had caused the premature death of Mr DL, and it was only after a formal Letter of Claim was sent by their lawyers did the truth start to come out.
The truth that the hospital did not follow their own, and national guidelines, and that the MRI they carried out, which should never have been performed, contributed to a bowel perforation and ultimately to Mr DL’s premature death.
In January 2022, the claim was settled, almost four years after his death and the inquest. The family believe that Barts Heath NHS Trust could have provided them with answers much sooner had they admitted negligence prior to the inquest.
Mr DL’s family said “the fact that the Trust did not admit to and actually denied any failings during the inquest is both shocking and deeply concerning. They hid from their own failures and, had we not sought legal representation and continued to fight for justice, the truth may never have come out. Finally getting answers not only brings us some closure, but it gives the Trust the opportunity to make sure this doesn’t happen again. However, it cannot replace a very much-loved husband, father, grandfather and great-grandfather”
“It has been four years of heartbreak and fighting for us as a family, and now we just want to be able to grieve without the trauma of seeking answers and justice hanging over us.”
Navdeep Kainth, lawyer at Moosa-Duke Solicitors said “The family of Mr DL approached us to find out what happened to their beloved husband and father. We are pleased that the legal process has now come to an end and as a result of answers obtained, Mr DL’s family have achieved the closure that they fought so long and hard for”.
Under government proposals to introduce fixed recoverable costs for specialist solicitors, families like Mr DL’s may not be able to access the support of specialist legal representation to fight for justice and seek answers that will help protect patient safety.
Paul Rumley, Chair of the Society of Clinical Injury Lawyers (SCIL) said “The Government’s proposals to introduce Fixed Recoverable Costs (FRC) has the potential to impact families and cases like Mr DL’s and prevent access to justice. Everyone has a right to expect an appropriate standard of care from the taxpayer-funded NHS, and to be able to ask for answers and hold those responsible accountable when mistakes are made and negligence occurs causing injury, and in this case, death to innocent patients and their families. We need a focus upon lack of patient safety learning in the NHS to avoid claims altogether, rather than focussing upon the claims (and their costs) which result from negligent care provided by the taxpayer-funded NHS”
Moosa-Duke Solicitors are experienced medical negligence solicitors. If you believe that you or a family member may be a victim of medical negligence, please call us for a no obligation discussion on 0116 254 7456 or email us at enquiries@moosaduke.com.