Hospital accident and emergency departments are notoriously busy places, but that does not excuse medics from their duty to exercise reasonable care. In one case, a man who lost a leg, fingers and toes to the so-called flesh-eating bug due to systemic failures has won the right to substantial compensation.
The man had attended A&E suffering from abdominal pain. He was there for about six hours, but blood samples were not taken and he eventually lost patience and telephoned his wife to take him home. His condition later deteriorated and he was taken back to the hospital by ambulance.
It was only at that stage that necrotising fasciitis was diagnosed and he was sent to a specialist hospital for emergency surgery. By that time, he was in septic shock and close to death. The operation came too late to save his left leg, right toes and right fingers and thumb, all of which had to be amputated.
In ruling the NHS fully liable to compensate the man, the High Court found that there had been a general lack of urgency in dealing with him after his arrival at A&E. Blood tests had been ordered but were neither carried out nor chased up. He had been kept waiting for the best part of a day without being properly informed of what was happening.
The Court noted that the general impression derived from the evidence was that he had slipped through the net or been lost in the system. Had the blood tests been carried out when they should have been, his condition would have been diagnosed sooner. The amputations would also not have been necessary had surgery been performed earlier. The amount of the man’s compensation has yet to be assessed, but his lawyers have valued his claim at more than £1 million.