Legal action considered over mother's missed hernia
THE family of a woman who died after doctors failed to spot a hernia are considering legal action as they struggle to come to terms with her death.
As previously reported in the Mail, mother-of-four Elizabeth Smith, of Whitehope Close, Bransholme, died at home after being discharged from Hull Royal Infirmary on two consecutive days.
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Elizabeth Smith, of Bransholme, with her partner Simon Smith
Doctors failed to notice the hernia, diagnosing her symptoms as constipation and sending her home with medication.
Ms Smith's bereaved partner Simon Smith has now asked lawyers to investigate the case and what the future holds for a "young mother-less family."
Hull and East Yorkshire Hospitals NHS Trust is currently conducting an internal investigation into the 34-year-old's death.
However, Mr Smith has asked solicitors from Hull firm Stamp, Jackson and Procter to conduct their own investigation into the circumstances of her death.
In a statement released by the firm, Mr Smith said: "The trust's investigation will obviously concentrate on the hospital's procedures and actions, but that won't record the effect on our family – we are still trying to get to grips with that.
"Both our families have been caring and supportive but we need professional advice and guidance on what the future holds for a mother-less young family.
"We want to know what problems are likely to arise and how we should tackle them."
The family's legal team will now examine evidence given at an inquest into Ms Smith's death.
Hull Coroners' Court heard Ms Smith died on April 8 after being twice discharged from Hull Royal Infirmary on April 5 and 6.
She had gone to accident and emergency on both occasions, complaining of severe abdominal pain and vomiting.
However, the inquest heard three doctors failed to notice she had a hernia, despite it having been diagnosed on April 3 by a nurse practitioner at her GP's surgery.
Instead, she was told she had constipation and sent home with medication.
Ms Smith died on April 8 from peritonitis – a massive infection of the body – after the untreated hernia ruptured.
The court heard written evidence from two independent experts that concluded she had received substandard care on each occasion.
The experts concluded Ms Smith would not have died if the hernia had been spotted.
Each of the doctors who examined Ms Smith told the court they had no recollection of being told she had a hernia, did not remember whether they had checked her groin area and had checked an X-ray which did not show any obstruction.
Coroner Geoffrey Saul returned a narrative verdict, concluding Ms Smith would have been likely to survive had the hernia been identified and treated.
Hull and East Yorkshire Hospitals NHS Trust said it could not comment further as legal proceedings are ongoing.
21 Comments
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by Grammar Nazi, Looking for easy pickings
Saturday, October 10 2009, 8:56AM
“@ kezz, hull. This is an English speaking comment board.”
by kezz, hull
Friday, October 09 2009, 10:56PM
“i knew simon n liz n have also suffered from an ingull hernia n was diagnosed quickly from a and e do they do know hat they are looking for this should never av happened she couls av been saved was this nhs been to busy or poor liz been overlooked n rushed through the system to meet nhs targets ......”
by me, here
Friday, October 09 2009, 9:30PM
“no one should die like that these days but what it does show is that we are all humans and by our very nature we all make mistakes.
the only people that dont make mistakes are those that do nothing.
i do think that a least 2 doctors should examine people and if their findings differ then onto a third but that would take extra cash but it is pssible.
i wonder how many people die from mis-diagnosis”
by Brian, Leven
Friday, October 09 2009, 7:08PM
“I see my post was pulled because it was about my wife and how she suffered at the hands of HRI”
by Sally, hull
Friday, October 09 2009, 5:09PM
“3 years ago my son saw 4 doctors one sais he had a water infection, one two said he had a virus the fourth told me to give him gaviscon in the end i drove him to hri and sat crying until he was seen he had burst appendix and peritionitis he was so ill and in hosp for 3 weeks thankfully he made a full recovery my heart goes out to the family xxx”
by Tilly, Barton
Friday, October 09 2009, 3:45PM
“Andy, Hull how dare you tell this family to accept an apology when it comes and to get on with their lives. If it had been one doctor I would have possibly agreed with you but 3 doctors is just down right neglect on all three doctors part. It was in the medical papers that this lady had a hernia so do not be so sanctimonious because I do not believe that you or wife would not sue the hospital if anything happened through neglect. This lady only passed away a few months ago and if you can get over the death of a loved one in that amount of time then in my opinion you cannot love them very much. I lost both by parents before I was 12yrs and I have missed out on so much things that a mum and daughter do together and things that I could have done with both my parents like picnics in the summer, going to the cinema plus lots of other things. So you get over it and leave this family alone.”
by Anon, 'ull
Friday, October 09 2009, 3:45PM
“The first news article from Saturday (above in the related articles bit) said "the first nurse to assess Mrs Smith when she attended hospital had made a note of a possible hernia". It also indicated that none of the three doctors/nurses had examined her properly. I would assume that it being on the records without examination would conclude that, the first nurse at least, was informed about the hernia but I would not know for sure.”
by Anon, 'ull
Friday, October 09 2009, 2:53PM
“Gemma, At least we have a common ground on something.
I also have never had compensation nor have I had the misfortune to be in a position that this lady was in, and Andy for that matter (peritonitis).
I just feel that if you hit the bosses at the top of the trust in their pockets, they may just sit up and listen, retrain and attempt to prevent this happening to anyone else.”
by Gemma, hull
Friday, October 09 2009, 2:26PM
“Anon for the first time i agree with you...
The money should be used for something they may lack from their mother.”
by Anon, 'ull
Friday, October 09 2009, 2:16PM
“Andy, it does not say that the father does not work anywhere in this story.
I also agree that a trust fund would not teach them the values of work but i would say its better than having it unprotected. Maybe pay for education or something like that.”