Ashtons obtain £25,000 following an Inquest into avoidable death

Ali Masterson, Trainee Legal Executive in our Medical Negligence team, has obtained a settlement of £25,000 for the family of a woman following her death at the James Paget University Hospital in December 2021.

Ms Masterson was instructed in January 2023 by the family of MM with regard to a civil claim and inquest representation following the death of MM in December 2022. The two-day inquest took place in May 2023, where the Coroner heard evidence regarding MM’s care at the James Paget University Hospital from her admission in late November 2021 through to her death on 10 December 2021. MM suffered a severe anaphylactic reaction to the general anaesthetic she was given in preparation for surgery for complications following a fractured elbow.

The family raised questions regarding the appropriateness of the use of general anaesthetic in MM’s care, given her long-standing phobia of general anaesthetic, and regarding her transfer from ICU to the ward and subsequent monitoring and care. The Coroner recorded a short narrative conclusion – that her anaphylactic reaction was a recognised complication of essential surgery.

Following the conclusion of the Inquest, a formal civil claim was brought against the Trust. The Trust admitted liability and causation for MM’s care on discharge from the ICU to the ward and on the ward itself. A settlement was successfully negotiated at £25,000, apportioned between damages to the Estate of MM and a claim for statutory bereavement brought under the Fatal Accidents Act 1976.

Ali comments: “When I was first approached by the family, they had many questions about the care MM received. We were able to assist with support at the two-day Inquest to establish answers to those questions and then successfully and swiftly settle the civil claim soon after. Whilst no financial award can ever replace MM in their lives, the settlement will ensure that there is support for them going forward which provides a little comfort.”

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