Nikki Yavari

The girl was represented by her litigation friend and mother.

When the girl, A, was two years old, she became ill. She was vomiting all night, couldn’t keep food or drink down, appeared to be holding her abdomen a lot, was more clingy than normal and had a fever.  Her mother gave her Calpol.

A was still ill the following day, with the same symptoms.  Her mother took her to see the GP, who noted a slightly tender lower abdomen and diagnosed her with viral gastroenteritis.  He advised A’s mother regarding fluid intake.

The next day, A was still ill, with the same symptoms.  Her mother took her to A&E, where it was noted that there was a history of holding her abdomen. A was discharged, but the symptoms continued.

Three days later, A continued with the same symptoms and her mother called the GP surgery.  The GP arranged for A to be brought to the surgery immediately and a GP and head of the practice called an ambulance.

At hospital, A was diagnosed with appendicitis, resulting in a burst appendix, peritonitis and sepsis. She was admitted to surgery, where the gangrenous appendix was removed.

A’s recovery was protracted and she need to spend ten days in hospital following surgery.  Once discharged she had to return to hospital for a further five days.

A’s mother contacted Graysons to see if she could claim any redress for the delayed diagnosis of appendicitis and Nikki Yavari, head of Graysons’ medical negligence, and her team took up the case.

The team contacted A’s GP, alleging breach of duty and substandard care. Graysons claimed that had A been referred to hospital on the first day she attended the GP, a laparoscopy would have been performed, and the appendix would have been inflamed, but not gangrenous.  If this had happened, A would have been able to return home the day after a routine appendicectomy and would not have had to spend 15 days in hospital.

Opinions from experts in paediatrics, paediatric surgery, A&E, GPs and general surgery were collected.

The GP denied liability throughout. A case was prepared and a four-day trial was listed.

Nikki and her team held a ‘without prejudice’ discussion with the defendant and, following substantial negotiation on Graysons’ part, the defendant eventually agreed to a settlement of £25,000. A’s mother accepted the offer on behalf of her daughter and infant approval was given by the court.  The trial was vacated.

A’s mother was absolutely delighted with the outcome. She was happy the case had settled, particularly after lengthy litigation due to a firmly maintained denial from the defendant, and considering the significant risks involved. A, who is now a teenager, was very happy with the settlement as she can put the money to good use when she reaches 18.

If you feel that you or your child have suffered a delay in diagnosis and you want to find out if you can make a medical negligence claim, contact our experts now.  We will offer you first interview free of charge in which we can assess your case and, if we can take it on, we will offer you a no-win, no-fee arrangement.

Author: Nikki Yavari, head of Graysons’ medical negligence team.