Case study: Clinical negligence claim following delayed hospital assessment

9th Jul 2025

Author: Butcher & Barlow

What happened

In July 2018, Grace accompanied her husband Peter to A&E after he began experiencing severe chest pains. They did what most people would do – turned to the professionals they trusted to help. But after being triaged and told to wait, Peter was left for an extended period without further assessment. Despite being reassured that he would be seen soon, no further assessment took place and he eventually left the hospital, deciding to see his GP the next morning. Tragically, he passed away the following day, before he could see his GP.

Left with unanswered questions and a deep sense that something had gone wrong, Grace turned to Butcher & Barlow for support.

Understanding the impact

At Butcher & Barlow, we understand that no one expects to need a clinical negligence lawyer. Most of us put our trust in medical professionals, but when that trust is broken and mistakes are made, the consequences can be devastating. Clients come to us not just seeking compensation, but clarity. They want to know what happened, why it happened, and whether it could have been prevented. Our role is to guide them through what is often a long, emotionally demanding legal process, offering honest advice, compassion and steady support.

What we did

In Grace’s case, we pursued a clinical negligence claim on her behalf against the local NHS Trust. While the Trust admitted that there had been a breach of duty in how Peter’s care was handled, they disputed that this failing had caused his death. This is unfortunately a common pattern in NHS litigation. While admissions of a breach of duty may come relatively early, establishing causation – the legal link between that failing and the harm caused – is often where cases become most contested.

It took over six years for this claim to reach a conclusion. That length of time was not down to any lack of determination from Grace or our team, but rather the slow and often complex nature of clinical negligence litigation. Gathering medical records, instructing independent experts, issuing proceedings, and managing delays, both procedural and institutional, is a process that requires both persistence and patience.

Ultimately, we were able to secure a settlement of £55,000 plus legal costs shortly before the matter was due to go to trial. The sum included the statutory bereavement award and a modest claim for financial dependency. While many are surprised to learn how modest fatal accident settlements can be – particularly when the deceased was not the primary earner or was older – this reflects the way these claims are valued under current law.

The resolution

Throughout the case, we maintained close and regular contact with Grace and her family. In claims like these, communication is key. Clients are navigating one of the most difficult periods of their lives, and they need to feel informed, supported, and listened to. Although this case took longer than the average three to four years, that timeline is not unusual, especially where the link between the medical failing and the outcome is disputed or where procedural delays occur.

Clinical negligence cases are rarely just about money. More often, they’re about accountability, truth, and preventing others from going through similar experiences. At Butcher & Barlow, we’re committed to standing beside families like Grace’s, helping them find answers, seek justice, and move forward.

If you have concerns about the medical care you or a loved one received, our Clinical Negligence Team is here to help. We offer straightforward advice, delivered with empathy and honesty, so you can make informed decisions about your next steps.