Medical Negligence at William Harvey Hospital

Medical Negligence at William Harvey Hospital

Whilst always trying to do the best, individuals will always be susceptible to making mistakes. Those mistakes or errors of judgement are not intentional and are caused by a variety of factors, often being problems with the hospital systems in the workplace and lack of funding to provide the appropriate level of treatment and care to patients.

In the case of the William Harvey Hospital, the last decade has seen a number of mistakes with long-term ramifications, as well as in 2020, complaints of physical abuse of patients, for which there can be absolutely no excuse.   

If you or a member of your family has suffered ill health or harm as a consequence of mistakes or errors, or even mistreatment, by the William Harvey Hospital you may be entitled to medical negligence compensation or physical abuse compensation.

For free advice and a swift answer as to whether you may be entitled to William Harvey Hospital compensation, please call 0333 123 9099, email or use the enquiry form to request a call back.

William Harvey Hospital

The William Harvey Hospital in Ashford, Kent, is operated by the East Kent hospitals University NHS Foundation Trust. The Trust also operates the Queen Elizabeth The Queen Mother Hospital in Margate and the Kent and Canterbury Hospital in Canterbury.     

In 2017 the Trust was put in financial measures because of an anticipated financial deficit and remained in special measures at the time of a Care Quality Commission (CQC) inspection in March 2020.

CQC inspection

Following an inspection, a report was published in March 2020, rating the service as “requires improvement”.     “Requires improvement” means that the service, i.e. the William Harvey Hospital, isn’t performing as well as it should and the CQC have told the Hospital how it must improve.

The reason for this rating of “requires improvement”, as opposed to either “good” or “outstanding”, was due to a number of factors.

First, the hospital did not always have enough staff to care for patients and keep them safe. The staff did not manage safety well and they did not always control the infection risk, an issue which came to the fore during Covid 19.

A further criticism was that the staff did not always follow department policy. Patient were not always provided with pain relief when required.   The CQC inspectors said that the hospital did not always plan care to meet the needs of local people or take account of a patient’s individual needs.

In respect of particular services within the hospital, the CQC stated that the “urgent and emergency services” was a department that “requires improvement”.

Mistakes by William Harvey Hospital

in 2012 Dan and Alison Halligan nearly lost one of their babies at the William Harvey Hospital. It was said that mistakes were made during the delivery, for which the Trust apologised, providing a list of lessons it stated it had learned and would be acted upon.

However, similar failings were identified following the death of Harry Richford in 2017, which caused Mr Halligan to say that The trust “clearly haven’t learned from (the] mistakes” made in his son’s care. He said it was “heart breaking” to see “the same mistakes being repeated”.  In October 2020 the Trust was charged over the death of baby Harry Richford.

In another issue, the police began an investigation following a report by the Trust on the 15 December 2019.  The police investigated an alleged assault against an elderly patient at the William Harvey Hospital. It was alleged that the assault had been carried out by staff. Nurses and carers at the hospital were suspended, having been filmed by the hospital security staff for eight minutes, which allegedly showed staff holding down the man’s arms, legs and face, while a catheter was inserted.

In August 2020 CQC inspectors issued a notice against East Kent hospitals NHS trust requiring closer monitoring and weekly reporting over its Covid 19 infection control measures. This was due to the high number of people contracting Covid 19 in the Trusts hospitals.

In October 2020 it was reported that an elderly patient with dementia was restrained on 19 separate occasions to enable staff at the William Harvey Hospital to forcibly treat him. It was said that the patient was repeatedly bruised by security guards.    Several current and former staff at the hospital said there was a “toxic culture” at the hospital with it being reported that both managers and health professionals were fearful of speaking out because of a bullying and blame culture at the Trust.    A manager said, “the bullying and culture exists across the two sites but it’s more overt at the William Harvey”.

How we can help

We specialise in supporting those who have suffered harm and injury as a consequence of medical negligence. We specialise in a range of medical mistakes, some of which are listed below.

How long do I have to make a medical negligence claim against William Harvey Hospital?

You have three years from the date you suffered harm, or became aware of suffering harm, to pursue a claim for William Harvey Hospital compensation. There are separate rules for children and for those who die, as a consequence of medical negligence.

Whatever your circumstances it is important to seek advice at an early stage, after suffering harm, so that all the available evidence can be obtained (before being lost) and individuals spoken to, while their recollection of events is still fresh in their mind.

Will I have to go to court?

It is most unlikely that you will have to go to court, to win medical negligence compensation. The majority of claims, well over 90%, are resolved without going near a court room. We will work on your behalf to ensure that compensation can be obtained as quickly as possible and without resorting to legal proceedings and going near a court room. We work to achieve a negotiated settlement with those responsible for the harm, as quickly as possible.

What can I claim for?

There are two distinct elements to a claim for compensation.

First, there is compensation for the pain and suffering at the time of the harm being caused, and in the months ahead. The compensation for such harm will take account of the possibility that you may continue to suffer in the years ahead.

The second element of compensation relates to financial loss and expense arising out of the harm caused. A common loss arising from injury is the loss of earnings from not being able to work, whether self-employed or employed. A claim for loss of earnings from the date of harm until whenever an individual is able to return to work can be pursued. In addition, in serious cases, there may be a claim for private medical treatment, aids and equipment to assist someone in consequence of the injury, the purchase of a new home to meet needs of the person, as well as paying for private care workers to provide additional support, where justified.

What will it cost to make a medical negligence claim?

In most cases we are able to offer a “no win, no fee” agreement meaning there is nothing to pay to start a medical negligence claim for compensation. You can proceed safely in the knowledge that if you are unable to succeed there will be no cost to you, no bills to pay. It truly is, “no win, no fee”

What do others say about us?

Based on our years of experience and being specialist lawyers, specialising in personal injury and medical negligence claims, we have been independently recognised as experts in our field.

We are accredited by the Law Society for Personal Injury Law reflecting our expertise in this area. IBB Claims’ partner Malcolm Underhill has particular expertise with all types of brain injuries, also being accredited as a Brain Injury Specialist by the Association of Personal Injury Lawyers (APIL).

Our team is recognised by Chambers and Partners and the Legal 500, the two leading client guides to the legal profession, for our exceptional skill in handling clinical negligence claims.

Legal 500 judges IBB as having a “good” clinical negligence department and “puts the client’s interests at the forefront of every decision.” Simon Pimlott has “a real eye for detail and works incredibly hard to get the best result for each client.” Simon is identified as a “Rising Star”.   

They also record that, “Simon Pimlott is a thorough and intellectual solicitor with an empathetic manner with clients. Exceptionally good with clients with mental health problems”. Simon is also described as “simply outstanding” and that he “is pragmatic. He is exceptional in his level of empathy for clients, and is able to navigate thorny cases with aplomb”.

Chambers describes Malcolm as being a highly experienced personal injury practitioner with a strong focus on cases that involve brain injury. A client notes: "He is a very personable, sympathetic professional that has helped us as a family….."  It is also said that Malcolm “was very good at keeping in touch and explaining everything to me”.

“I found them great at leading me through the minefield of personal injury claims”.

Chambers and Partners also record that Simon Pimlott "communicates effectively and swiftly" and "works in a highly professional and client-focused way," according to commentators. Chambers also reported, “He (Simon Pimlott) has an empathetic manner which clients find it reassuring”.

A market source praises Malcolm’s "clear and empathetic understanding of the individual client and family situation." One impressed client adds: "Malcolm Underhill has been superb from the outset. He has in-depth knowledge gained from extensive experience, which is certainly advantageous."

Call now for advice on how to make a William Harvey medical negligence compensation claim.

IBB Claims expert medical negligence Solicitors have a record of success, helping individuals to recover financial compensation arsing from medical negligence, mistakes and errors of judgement. We are able to support you, or a family member, in making the claim and to get the best outcome.   To make a hospital medical negligence claim against William Harvey Hospital please call 0333 123 9099, email or use the enquiry form to request a call back.