Settlement achieved following death of a woman after hospital’s failure to diagnose tetanus

Amanda Cavanagh has achieved a six-figure settlement for the family of Mrs X, who died on 26 August 2020, aged 78, following a GP and hospital’s failure to diagnose tetanus and administer appropriate antibiotics and immunisation.

Mrs X scratched her shin on a garden cane on 6 August 2020. Over the following days, redness spread down her leg. She sought advice from 111 on 8 August 2020, who arranged for an appointment later that day with an out-of-hours GP. The advice given section of the 111 note stated “a decision about tetanus immunisation would be made when the injury is checked”. Mrs X attended the GP later that day. The wound was not cleaned, leaving debris inside, and tetanus immunisation was not discussed.

On 15 August 2020, Mrs X awoke with a locked jaw, unable to breathe, and experiencing a stiff neck, back and shoulder pain. She attended A&E on both 15 and 16 August 2020. There was a failure on each occasion to consider a tetanus diagnosis.

Mrs X attended A&E at another hospital on 19 August 2020 and despite an immediate diagnosis of Clostridium Tetani Grade 2 and appropriate treatment, Mrs X died on 26 August 2020.

Amanda Cavanagh represented the family at the Inquest in the Ipswich Coroner’s Court on 19 August 2021. Just prior to the Inquest, West Suffolk Hospital admitted breach of duty in that they failed to consider a diagnosis of tetanus, but denied causation on the basis that even with earlier treatment, the outcome would have remained the same.

The Coroner reached a narrative conclusion of accidental death, saying: “The correct diagnosis was not identified, leading to [Mrs X] not receiving the appropriate treatment”.

A claim was subsequently brought against both the out-of-hours GP and West Suffolk Hospital NHS Foundation Trust, and settlement was achieved in January 2024.

Amanda Cavanagh, Associate in the Ashtons Legal Medical Negligence team, comments: “Even as a lay person, I was aware that a locked jaw could be a sign of tetanus. It astonishes me that despite tetanus being raised in the 111 notes to the out-of-hours GP, it was not considered there or indeed at West Suffolk Hospital. The earlier the treatment, the better the chance of survival. My Client has lost his partner of over 50 years, and no amount of money can compensate him for his unnecessary loss.”