Personal Injury Solicitors | Medical Negligence Claims

Kent Coroner condemns Trust’s failures

Kent Coroner condemns Trust’s failures

Specialist clinical negligence claim solicitor Sarah Newcombe of Scrivenger Seabrook Solicitors examines the recently reported verdict of the Kent Coroner in the tragic case of Mrs Cappuccini.

Coroner Finally Records a Verdict in Relation to the Death of Frances Cappuccini

“Mrs Cappuccini was a 30 year old primary school teacher who was married with one son when she was admitted to Tunbridge Wells Hospital in October 2012.  The birth of her first child had been difficult and a Caesarean Section was planned for the delivery of her second child.  Unfortunately when she was admitted to hospital she was in labour and the hospital staff apparently advised her to attempt a natural birth.  The attempt was unsuccessful.  She failed to deliver after labouring for 12 hours.  She was rushed to the operating theatre and her second son was delivered by emergency Caesarean Section.  She suffered a post-partum haemorrhage and cardiac arrest and tragically died only 3 hours after her son was born.  An Inquest was opened to investigate the death, but the Inquest was adjourned pending the outcome of criminal proceedings against Maidstone and Tunbridge Wells NHS Trust who are responsible for the management of Tunbridge Wells Hospital.  This was a landmark criminal case and the first time an NHS Trust had been accused of corporate manslaughter in connection with a patient’s death since the introduction of the offence in 2008.  However, the criminal case collapsed.  The Judge ruled that there was no case to answer, there being insufficient evidence to continue with the trial.  The Inquest into Mrs Cappuccini’s death finally resumed before Senior Coroner Roger Hatch in Gravesend, Kent and his verdict was given on 16 January 2017.  The Coroner ruled that Mrs Cappuccini had died as a result of failures and inadequate diagnosis and treatment at Tunbridge Wells Hospital.  The Trust made a statement accepting that there were shortcomings in relation to Mrs Cappuccini’s care and an apology was given to the family.  The Trust said that a number of changes had been made to its processes to improve patient safety.

The status of any civil proceedings being pursued by Mrs Cappuccini’s family against Maidstone and Tunbridge Wells NHS Trust is not known, but given the admitted failings by the Trust there would almost certainly have been a substantial civil claim possible against the Trust for the loss of this young wife and mother.”

Sarah can be contacted further on 01480 214900 or by e-mailing her at sarahnewcombe@sslaw.co.uk.

 

 

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  • Vicki Seabrook
    Vicki Seabrook
    Solicitor
  • Marc Folgate
    Marc Folgate
    Solicitor
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    Sarah Newcombe
    Solicitor

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Scrivenger Seabrook Ltd is authorised and regulated by the Solicitors Regulation Authority SRA No.548727. The Solicitors' Code of Conduct 2011 applies to us.
Vicki Seabrook
Solicitor

Vicki-Seabrook-SSlaw

Vicki was admitted as a solicitor in 1979. She was a legal adviser to the Royal College of Nursing and gained experience as a clinical negligence lawyer with a number of firms before founding Scrivenger Seabrook in 1989 and becoming Managing Director when the firm was incorporated in 2010. Vicki and her dedicated legal team are involved in a wide variety of clinical negligence claims. She specialises in dealing with high value complex cases and has been widely acknowledged by the Legal 500 and Chambers directory as a leader in her field. Vicki recently succeeded in securing a settlement for a child with severe brain damage worth in excess of £8 million.

‘The UK needs expert niche firms like this’, say clients of Scrivenger Seabrook Limited, which ‘goes the extra mile’. The ‘tenacious, realistic and sensitive’ Vicki Seabrook, who is ‘in a class of her own’, secured damages exceeding £1m in a case involving a GP’s maladministration of drugs.”

A quote from The Legal 500
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Marc Folgate
Solicitor

Marc-Folgate-SSlaw

Marc joined the practice in 2001 having specialised in personal injury litigation at firms in Northamptonshire and Peterborough. He has been involved in a £2.1 million assessment of damages case in the High Court and has taken a disputed liability case to the Court of Appeal. He now undertakes mainly personal injury litigation for Claimants and also some clinical negligence work. He has a particular specialism in higher value claims such as those involving brain or spinal injury.
Marc is a member of the Law Society’s Personal Injury Panel and has regularly featured on BBC local radio discussions about compensation and liability topics as well as making an appearance on Look East.

“Scrivenger Seabrook Limited ‘consistently punches above its weight, and has a high level of client care’. The ‘particularly adept’ Marc Folgate has ‘insight, intelligence and an impressive client base, and is comfortable running high-pressure and high-value cases – defendants have to think twice before taking him on’. Among many highlights, the team settled a £550,000 catastrophic claim involving regional pain syndrome.”

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Sarah Newcombe
Solicitor

Sarah-Newcombe-SSlaw

Sarah is a highly experienced clinical negligence lawyer. She worked as a staff nurse for a number of years before studying law and it was natural for her to enter the field of clinical negligence litigation on being admitted as a solicitor in 1991. Sarah trained and worked with a large firm of solicitors in London before joining Scrivenger Seabrook in 1998. Sarah works exclusively in the field of clinical negligence. Her knowledge of medicine is considerable and she has the added advantage as a lawyer of having practical experience of NHS and private hospital practice.
Sarah deals with a very wide range of clinical negligence claims including Fatal Accidents Act claims, cosmetic surgery, dental claims, orthopaedic surgery and high value claims involving children with birth asphyxia.

“At Scrivenger Seabrook Limited, Sarah Newcombe is ‘always professional, honest, patient and supportive’. Highlights included a £450,000 settlement for negligent foot surgery.”

A quote from The Legal 500
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‘The Independent Clients Guide to the best Law firms’