Penningtons wins claim for Surrey widower against GP out of hours service

London and South East law firm Penningtons Solicitors LLP's clinical negligence team has negotiated a settlement of a claim on behalf of Haslemere widower, Eric Mizen, in relation to treatment provided to his late wife, Barbara, by a Thamesdoc out of hours service GP two days before her death.

It was alleged by Mr Mizen that, at the time of his wife's assessment by the Thamesdoc GP, Dr Mukhtar Hussain, 65 year old Mrs Mizen was suffering from symptoms which should have prompted a diagnosis of unstable angina and acute myocardial infarction. Instead, Dr Hussain diagnosed a case of gastritis.

If Mrs Mizen had been correctly diagnosed, she would have been referred for assessment and treatment and would not have suffered the fatal consequences of the myocardial infarction that she went on to suffer approximately 36 hours later. By the time the correct diagnosis was reached the opportunity for successful treatment had been lost and Mrs Mizen tragically died within 40 hours of the assessment by Dr Hussain.

Mrs Mizen had retired shortly before her death and she and her husband were looking forward to a happy and long retirement together. During the evening of 10 June 2005 Mrs Mizen began to feel unwell. She continued to feel unwell for the following two days, vomiting from time to time. During the latter part of Sunday 12 June, Mrs Mizen started to experience severe pains in her left shoulder and the left side of her neck. Mr Mizen had become sufficiently concerned about his wife, who never normally made a fuss of being unwell, and he telephoned their GP out of hours medical service, Thamesdoc, to seek advice.

The Thamesdoc service arranged for Dr Hussain to visit Mrs Mizen who arrived approximately one hour later. He examined Mrs Mizen and diagnosed gastritis. Mrs Mizen's condition did not improve and she continued to suffer from chest pain. In the early hours of 14 June, her pain became worse so Mr Mizen telephoned their usual GP and explained the symptoms. Their GP advised immediate transfer to hospital by ambulance to the Accident and Emergency Department of the Royal Surrey County Hospital in Guildford, to warn it of Mrs Mizen's condition and advise of his diagnosis of myocardial infarction. Mrs Mizen died at the hospital later that day. The cause of death was a myocardial infarction.

It was Mr Mizen's case that Dr Hussain failed to take or consider Mrs Mizen's history, failed to assess her symptoms and failed to come to a differential diagnosis which should have been a diagnosis of exclusion, of unstable angina and acute myocardial infarction, and which necessitated a referral to hospital for investigation and treatment. Had the appropriate differential diagnoses been reached, Mrs Mizen would have either avoided the myocardial infarction that she suffered on 14 June or would have still been in hospital at the time it occurred where she would have received prompt, lifesaving treatment.

Penningtons Solicitors LLP had obtained firmly supportive advice from an expert GP and a consultant cardiologist in support of the allegations relating to the alleged negligence and its outcome.

Dr Hussain and his insurers, however, denied all allegations made against him and continued to do so throughout proceedings. Proceedings were issued by Mr Mizen in the High Court and it was only after proceeding most of the way through the court timetable towards trial, and when questions were being put to the defendant's experts, that Dr Hussain's insurers indicated that they may be willing to consider settlement of the claim. Until that point all aspects of the claim had been denied. A settlement was subsequently reached without any admission of liability following negotiations.

Emma McCheyne of Penningtons Solicitors LLP commented that: "This was a tragic case where Mrs Mizen and her husband were let down by the doctor responsible for Mrs Mizen's care. It should be pointed out that this settlement was achieved without any admission of liability on the part of Dr Hussain or his insurer. However, the settlement does represent an appropriate award taking into account the quantification of claims such as these.

"Mrs Mizen had clear symptoms that were not considered fully. If they had been, Mrs Mizen would have been referred and received the treatment that she needed. Mr and Mrs Mizen had worked hard through their lives and were looking forward to enjoying their retirement together. This future has been taken from Mr Mizen by an alleged lack of appropriate care by Dr Hussain."

Mr Mizen commented: "Although I am pleased to have reached a settlement of my claim, there is no amount of compensation that could be awarded for the loss of Barbara. I have been frustrated by the delays in the progression of the claim by Dr Hussain's insurer which seemed unnecessary. I find it incredible that the claim was defended so strongly, even when it was clear in my opinion that there was no possible defence to the allegations. Even though a settlement has been reached it is still without any admission of liability. I am distressed that there has still been no proper acknowledgement of the mistake that was made in Barbara's treatment. I would also like to thank all Penningtons Solicitors LLP staff who were involved for their robust pressing of the claim, especially Philippa Luscombe and Emma McCheyne."