Out-of-hours care misdiagnosis prompts man to take legal action

Posted 10/01/2011

A man who lost his leg after an out-of-hours doctor failed to diagnose a blood clot is suing the medical organisation he holds responsible, it has been reported.

According to BBC News, Brian Dowsett, 74, believes the clinical negligence shown by the medic from Croydoc prevented the limb from being saved.

Days after he was seen by Dr Hans Raj Yadav and sent home, the patient went to hospital, where he was diagnosed by another health professional as having an arterial obstruction in his leg.

However, it was too late to prevent amputation.

Dr Yadav has since been struck off after a number of concerns were raised over his competence.

Mr Dowsett is seeking clinical negligence compensation from Croydon Primary Care Trust – which was responsible for Croydoc and now Patient Care 24 – amid claims that it did not properly check the abilities of its doctors to perform.

In related news, the current reliance on out-of-hours care may change following an announcement that the European Working Time Directive is to be reviewed.

This could allow doctors to work longer hours again, potentially preventing cases such as Mr Dowsett’s.

Rosamund Rhodes-Kemp, the partner who heads the medical injury team at Ashtons Legal, comments: “This is yet another example of the dangers associated with the present out-of-hours GP service. There is an urgent need for this to be reviewed. Interestingly it seems as though this may come about via a change in European Legislation, namely the review of the European Working Time Directive which may allow doctors to work longer hours. 

“This may in turn improve hospital cover as the shortening of junior doctors’ hours has meant lack of continuity of care and less hours of clinical training for some trainee doctors.”