Mr Emmett died on 20 November 2009, aged 68, following a pulmonary embolism. He had previously been admitted to The Royal Berkshire Hospital suffering from symptoms which included a shortness of breath and collapse.
On 17 November 2009, Mr Emmett developed acute shortness of breath and attended his GP who prescribed diuretics. His condition deteriorated and he attended the Accident and Emergency Department of The Royal Berkshire Hospital where he was diagnosed with congestive heart failure and admitted for investigations. On 20 November 2009, Mr Emmett’s condition further deteriorated and a pulmonary embolism was suspected. Thrombolytic treatment was given but, sadly, Mr Emmett suffered a cardiac arrest and passed away.
A claim was therefore brought on behalf of Mrs Patricia Roriston by Penningtons Manches in respect of loss of dependency. The hospital trust admitted that a diagnosis of pulmonary embolism should have been made and, if treatment had been started on 18 November 2009, Mr Emmett would have survived without complication.
The parties were unable to come to an agreement on the amount of damages to be awarded to Mrs Roriston and so the claim proceeded to trial before Sir Robert Frances QC on 26 and 27 February 2015.
Evidence was heard from Mrs Roriston and her family regarding Mr Emmett’s passion and determination to work despite his age, his desire to always put his family first and his loving and caring nature. Those representing the trust argued that Mr Emmett would not have returned to work and therefore wished to significantly reduce the award of damages sought by Mrs Roriston.
Sir Robert Frances held that not only would Mr Emmett have returned to work once he had recovered from his illness but that he would also have continued to work for the remainder of his life. Mrs Roriston was successful in recovering twice the defendant’s last offer before trial.
Cambridge clinical negligence lawyer, Emily Palmer, who handled the claim, said: “This is an incredibly sad case. The loss of a loved one is devastating not only to the family but to all who knew and loved him. It has been difficult for Patricia and her family to come to terms with the fact that a correct diagnosis and appropriate treatment would have saved Terry’s life. The circumstances in which Terry died could have been entirely avoided.”
Penningtons Manches LLP is a leading UK law firm with offices in the City of London, Basingstoke, Cambridge, Godalming, Guildford, Oxford and Reading. It is the founder member of the European Law Group, an association of European law firms, and a member of Multilaw, an association of 73 firms in 60 countries worldwide. Penningtons Manches' legal services cover a range of specialist areas including corporate and commercial, corporate tax, banking and finance, dispute resolution, professional regulation, real estate, residential property, wills, trusts and probate, UK and offshore tax planning, family, intellectual property and technology, employment, immigration, travel law, clinical negligence and personal injury matters.
Penningtons Manches' personal injury and clinical negligence groups specialise in advising victims of medical accidents, road traffic accidents, accidents at work and other accidents resulting in injury. They are recognised as being among the leading practices in their field in the South of England by the latest issues of The Legal 500 and Chambers Guide to the Legal Profession.
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For further information please contact:
Emily Palmer
Associate
Clinical Negligence and Personal Injury – UK and abroad
T: +44 (0)1223 465 418
E: emily.palmer@penningtons.co.uk
W: penningtons.co.uk
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