Ashtons’ support bereaved family after death of 11-year-old following delay in diagnosis of appendicitis

Ashtons was instructed in late 2021 following the death of LB, an 11-year-old child, after a delay in diagnosis of appendicitis.

LB was seen by a GP and referred to the James Paget University Hospital, from there to the Norfolk & Norwich University Hospital, then to Addenbrooke’s Hospital and finally to King’s College Hospital for final care, where LB sadly passed away in June 2021.

The family raised questions regarding the care provided to their child by the GP, the James Paget Hospital and the Norfolk and Norwich University Hospital. Support and advice was also provided to the family with regard to the ongoing Inquest proceedings.

A formal civil claim was brought against the GP and the two Hospital Trusts. The legal representatives for the GP provided partial admissions of liability and causation for LB’s care. The settlement was agreed at £30,000, apportioned between damages to the Estate of LB and a claim for statutory bereavement brought under the Fatal Accidents Act 1976.

The family were supported and advised through to settlement by Ali Masterson of the Medical Negligence team.

Ali comments: “This was an extremely distressing case for the family involving complex medical issues requiring the assistance of an expert paediatric general surgeon and Counsel. It is always difficult to navigate fatal cases, and particularly tragic in this case, as LB was only 11. Whilst the family were pleased that we were able to bring the civil claim to a successful conclusion, the money does not begin to replace the loss of their child. What was of more importance to them were the partial admissions provided with regard to LB’s care and the apology provided by the legal representatives.”

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