Family of Man Sent Home to Die on Christmas Day launch Medical Negligence Claim following Narrative Verdict
06/05/2010
A narrative verdict has been recorded by a Staffordshire Coroner after a man suffering from undiagnosed Crohn's Disease died when he was sent home on Christmas Day, after doctor's failed to treat his symptoms for more than six weeks.
23-year-old Malcolm Drake, from Stoke-on-Trent in Staffordshire, had developed an abscess after his bowel was perforated as a result of Crohn's Disease which was left undiagnosed by doctors who insisted that his symptoms were due to a groin strain.
Medical negligence solicitor Lindsay Gibb, of specialist law firm Irwin Mitchell, is representing the family of Mr. Drake and is calling for lessons to be learned from his tragic death.
An inquest launched after Mr. Drake's death showed that he had first developed symptoms in November 2007 when he started suffering from severe sickness and diarrhoea as well as pain in his stomach. Doctors diagnosed Mr. Drake as suffering from a stomach bug but his symptoms continued to worsen over the following weeks and the pain in his stomach became severe and he experienced swelling in his leg and struggled to walk.
In the six weeks prior to his death Mr. Drake was seen not only by his GP but also by A&E staff and an out of hours GP on five separate occasions but was repeatedly told his symptoms were caused by a groin strain or muscular disorder. Three days before his death Mr. Drake attended University Hospital and saw a Locum GP who was working temporarily in the hospital and it was his first day working there when he sent Mr. Drake home.
Mr. Drake's fiancée, Sophie Lindop, said: "Malcolm was in a terrible state. I had never seen him like this before and he was shouting out in pain. He had collapsed whilst at home alone and had to shuffle across the floor to call an ambulance. On the way to A&E he had to have gas and air as he was in so much pain. I couldn't believe it when he was seen by an out of hours locum GP who repeated that it was probably just muscle strain and told Malcolm to get dressed and go home.
"I had to get him a wheelchair to leave the hospital as he was too ill to even walk. I somehow managed to get him back home and struggled to get him out of the car. Once in the house he collapsed in the lounge."
Malcolm's symptoms continued to worsen and on Christmas Eve he could not move without severe pain and was continuously sick. The couple made another call to a GP but no further action was taken.
Malcolm insisted that Sophie should take their son, 5-month-old Zak, to visit his grandparents for Christmas Dinner. She recalls: "I really didn’t want to go, but Malcolm really wanted Zak to spend time with his grandparents. The whole time I was there I felt uneasy and I rang Malcolm repeatedly to make sure he was ok. When I phoned at 1.45pm I got no answer and I just knew something was wrong."
Sophie and her father returned to find Malcolm unresponsive at home: "I walked into the house and the Christmas tree lights and TV were still on. I found Malcolm on the sofa and I knew instantly that he was dead. I called 999 but my Dad had to take over as I was unable to speak."
Despite Sophie's father's efforts to revive Malcolm he was pronounced dead when paramedics arrived. A post mortem revealed that Malcolm suffered from Crohn's Disease and that he had died as a result of an abscess which had developed due to the disease.
Medical negligence specialist solicitor Lindsay Gibb, of Irwin Mitchell, said: "The inquest has answered a number of important questions regarding Malcolm's tragic and untimely death.
"I am extremely concerned that despite the fact Malcolm repeatedly sought help from a number of doctors no-one properly assessed his symptoms, re-considered the diagnosis or referred him for urgent investigation. There were several opportunities to intervene but sadly these were missed and he suffered greatly in his final few weeks.
"Malcolm's family are particularly angry that, just three days before his death, despite attending hospital for a second time and being taken by emergency ambulance, he was treated as a minor injuries case and allowed to be seen by a locum GP.
"The inquest heard that, had Malcolm instead been seen by any member of the A&E team, he would have been referred to a senior doctor for review and, if proper investigations had been carried out, there would still have been an opportunity to treat his condition and spare his life.
"Following Malcolm's death, a Serious Untoward Incident Investigation was carried out by University Hospital of North Staffordshire NHS Trust which recommended a review of the practice of locum GPs working within A&E, particularly their supervision, training and management.
"Whilst we hope that this review means the Trust acknowledges lessons must be learned, sadly it comes too late for Malcolm and his family. As a result of the failings identified both at today's inquest and as a result of separate independent investigations, I can confirm that the family intend to launch a civil action to gain justice for Malcolm, his fiancé and son."
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