The Executors in the Estate of Elsie Biggs v Royal London Hospital
The Claimant, a 94 year old lady was admitted to the Royal London Hospital in July 2006 with suspected urinary tract infection and dehydration. After a few days her overall condition improved and she became more mobile.
On 4 August 2006 the Claimant’s dentures were “accidentally thrown out” and for the next 9 weeks she was without her dentures as the hospital could not find replacements.
Thereafter the Claimant had difficulty eating and drinking. The Claimant’s daughters who attended upon the Claimant while she was in hospital took photographs of the poor state of hygiene within the hospital. On 8 August 2006 the Claimant contracted C Diff and became acutely unwell. The nursing staff failed to barrier nurse the Claimant and she remained on a ward with other patients despite being C Diff positive.
The Claimant was discharged home some two weeks later and given antibiotic cover for only 2 days. Her GP was not notified of her C Diff positive state. Consequently the Claimant continued to suffer significant diarrhoea and vomiting causing a severe deterioration in her overall health. The Claimant was readmitted to hospital on 20 September 2006 by which time she had lost over 3 stone in weight. Barrier nursing was commenced. The Claimant subsequently contracted MRSA and died a few months later.
A claim was lodged against the Royal London Hospital alleging negligence for failing to replace the dentures that the hospital had accidentally thrown out on 4 August 2006 thus rendering the Claimant susceptible to infection by the virtue of the fact that she had difficulty eating and drinking, failing to adhere to the hospital’s own protocols and policies in relation to hygiene and causing or permitting the Claimant to contract C Diff.
The photographic evidence supplied by the Claimant’s daughters was most helpful to the pursuance of the claim and the NHSLA, who were instructed on behalf of Royal London Hospital admitted liability within the protocol period and made a payment to the Claimant’s daughters in the sum of £7,500. The claim was dealt with under a Conditional Fee Agreement with an appropriate success fee.