Qureshi v Royal Brompton & Harefield NHS Trust

Terence Coghlan QC (instructed by Messrs Kennedys) for the Defendant Bill Braithwaite QC (instructed by Graham Leigh Pfeffer & Co) for the Claimant Hearing dates: 6th to 10th February 2006 ____________________

Dr Redington failed to do an echocardiogram when he examined the Claimant on 31.5.1989. An echocardiogram would have shown that the Claimant still had a pericardial effusion, such that she required treatment in the form of continued treatment with diuretics at the higher dosage and a further echocardiogram within 7 days. This is pleaded with some diffidence in light of the evidence;

Dr Redington reduced the diuretic medication and was negligent in giving the Claimant a review date a month later when it was "Bolam" mandatory to review her in that hospital within a maximum of 7 days. He failed to ensure that she had an echocardiogram within 7 days. It is contended that had the echocardiogram been carried out, it would have shown that the effusion had developed substantially, and it would have been drained as a matter of urgency.

An echocardiogram was carried out by Dr Redington on 31 st May 1989; all the experts agree that this was so. Thus the Claimant had received one within 7 days of discharge from the hospital following the first PCE.

Dealing with the review set to take place in a month's time rather than 7 days, it is contended that it was not Bolam mandatory for the Claimant to be reviewed within a week. The family had been made aware of the possibility of recurrence and had contact numbers in the event of concern; the clinical signs were not such as to demonstrate a need for an earlier review; she had had a one week review on 31 st May; and she was due to be seen on 6 th June at her local hospital by a consultant paediatrician.