Clinical Negligence Solicitors

The High Court in London has ruled in favour of a man who suffered serious health impairment after his GP failed to recognise symptoms of heart failure.

South Wales Argus reports that on May 3, 2011, Philip Phillips – then aged 55 – of Cae Nant Gledyr in Caerphilly was rushed to hospital with heart failure.

Mr Phillips had been to see his GP the same day and told him that he was experiencing chest pains, which had started as he was driving to work the previous day. However, he claims his doctor sent him back home, only for him to suffer catastrophic heart failure later that day.

The High Court ruling means that Mr Phillips will now be able to claim damages from the doctor, which are undisclosed but estimated to be a six-figure number.

However, his GP had claimed that Mr Phillips had not told him he was suffering from chest pains.

Giving evidence to the court, Mr Phillips said that he had experienced severe chest pains, which extended down his left arm – and were so serious that he was scared.

“They were very severe indeed,” Mr Phillips told the court. “So severe I thought I was going to pass out.”

He said that, by the time he arrived home, the pain had eased. But it returned the next morning and he went to the GP's surgery for an appointment.

Mr Phillips said he told his GP about the pains – and felt reassured after he was checked over with a stethoscope.

Shortly afterwards, however, he had a heart attack. The court heard that his heart actually stopped beating just before he reached A&E.

It took doctors some time to resuscitate him – and he ended up in intensive care and was not discharged from hospital until nearly a month later.

The court was told the case rested on whether Mr Phillips had told his GP about the chest pains, as he claimed he had.
Ruling in Mr Phillips’ favour, Judge Bidder told the court:
“This was a judgment that was purely factual. There is absolutely no law involved here at all.

“I have seen and heard the witnesses and – in my judgment – there is no realistic prospect of success and I refuse permission to appeal.”

After the High Court hearing, the judge refused the doctor permission to launch a challenge to the ruling in the Court of Appeal.

Mr Phillips’ lawyer told the court that, even after recovering from catastrophic heart failure, his client had been left with residual heart problems, which left him breathless and easily tired. Mr Phillips also suffers from a degree of memory loss as a result of his heart condition, the court heart.

Duncan Lewis Clinical Negligence Solicitors – GP Negligence Claims

Duncan Lewis clinical negligence solicitors can advise patients who have sustained injury as a result of GP negligence on how to make a no win no fee compensation claim, including claims relating to:

• Cancer misdiagnosis
• Cardio/heart claims
• Delays in diagnosis/referrals/treatment
• Failure to diagnose/referrals/treatment
• Failure to refer for diagnostic tests
• Prescribing errors
• Wrong medical treatment.

GP negligence claims have to be made within three years of injury or diagnosis of injury – children are allowed to make compensation claims for GP negligence up to the age of 21.

For expert legal advice on making no win no fee GP Negligence Claims, call Duncan Lewis Clinical Negligence Solicitors on 020 7923 4020.