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Clinical negligence case highlights potential for e-prescribing says Midlands lawyer

Pictured above: Lucy Freestone of Midlands law firm Challinors

 

A series of 'human errors' which led to a pensioner dying after an injection of magnesium sulphate that was four times higher than the correct dose, highlights the potential value of electronic prescribing systems, according to specialist clinical negligence lawyer Lucy Freestone.

"Systems that reduce the possibility of human errors such as illegible handwriting or mis-recorded doses could contribute to a potentially significant reduction in the cost of clinical negligence claims, and save lives," says Lucy of Midlands law firm Challinors.

The National Patient Safety Agency has estimated that nine percent of patient safety incidents relate to medication errors, which together constitute some 20 percent of all clinical negligence claims against the NHS. In 2007/08, the NHS Litigation Authority paid out approximately £64m in damages in cases involving mis-prescribing.

The relatively new e-prescribing technology holds some resonance for Lucy, who recently acted for the widower of Joyce Ryan in a legal claim against St Helier Hospital where she was treated; Mrs Ryan died after being given four times the correct dose of medication. Lucy explains: "Mrs Ryan was admitted to hospital for treatment for kidney problems. Her condition had been improving and she had been told only the day before she died that she would be going home soon.

"However, she was prescribed magnesium sulphate for an irregular heartbeat and was tragically given four times more than the correct dose and died within 15 minutes of the infusion being started.

"A clinical negligence claim was brought against Epsom and St Helier University Hospitals NHS Trust, which is responsible for St Helier Hospital where Mrs Ryan was being treated. The Trust accepted liability for Mrs Ryan's death and paid a five-figure sum in compensation to her widower, Mr Stephen Ryan. Interim Chief Executive of the Trust, Peter Coles, apologised on behalf of the staff responsible for treating Mrs Ryan in a letter to the family."

Lucy adds: "At the inquest into Mrs Ryan's death, it emerged that two fundamental mistakes were made.  Firstly, the doctor prescribed an incorrect dose of magnesium sulphate and, secondly, two nurses then misread Mrs Ryan's drug chart and also failed to check what the correct dosage of this medication should have been. Perhaps the outcome for Mrs Ryan would have been different if dosage instructions had been generated electronically."

Challinors has one of the West Midlands' largest Clinical Negligence teams, with three of the specialists in this team appointed to specialist clinical negligence panels. The firm has offices in Birmingham, West Bromwich, Wolverhampton, Halesowen and Nottingham. Challinors has 23 partners and over 100 fee earners, and is ranked as one of the top legal firms in the West Midlands, being Number 1 in the Chambers UK Directory in a number of categories, including Clinical Negligence.

 

 

 

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Article published by Midlands Business News on 12 August, 2009

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