When a Simple Mix-Up Leads to a £25.5 Million Settlement: Understanding Medical Malpractice in the Case of Maisha Najeeb v. Great Ormond Street Hospital (2014)
Medical negligence cases can be complex and emotionally taxing, especially when they involve children. The case of Maisha Najeeb v. Great Ormond Street Hospital (2014) serves as a stark reminder of the devastating consequences that can arise from seemingly simple errors in medical procedures. This case, which resulted in a landmark settlement, highlights the importance of stringent safety protocols and accountability within healthcare systems.
The Tragic Incident
In June 2010, Maisha Najeeb, a healthy 10-year-old girl with a rare condition called arterio-venous malformation (AVM), was admitted to Great Ormond Street Hospital (GOSH) for a routine embolisation treatment. AVM is a condition where arteries and veins become tangled, which can lead to bleeding in the brain. Embolisation involves injecting glue to block off bleeding blood vessels and a harmless dye to check blood flow. During the procedure, a catastrophic error occurred: glue was mistakenly injected into Maisha’s brain artery instead of the dye. This mix-up caused severe and permanent brain damage, leaving her with significant disabilities.
The Aftermath and Legal Proceedings
The consequences of this error were devastating. Maisha was left in a wheelchair, requiring round-the-clock care and assistance with all daily tasks. She lost most of her bodily and cognitive functions and suffered painful leg spasms. Her family was understandably heartbroken and sought legal recourse against the hospital.
In 2014, the High Court approved a settlement in favor of Maisha Najeeb. Great Ormond Street Hospital admitted liability and offered unreserved apologies for the shortcomings in her care. The settlement included an initial lump sum of £2.8 million, followed by annual payments of £383,000 until Maisha turned 19. After that, the annual payments increased to £423,000 for the remainder of her life. If Maisha lived to be 64, as projected by her family’s medical expert, the total payout would reach approximately £25.5 million, marking one of the largest medical negligence settlements in NHS history.
What Went Wrong?
The investigation into the incident revealed a critical lack of a system for distinguishing between the syringes containing glue and those containing dye. This simple oversight led to the fatal mix-up that changed Maisha’s life forever. Solicitor Edwina Rawson of Field Fisher Waterhouse, who represented the Najeeb family, emphasized the preventability of the tragedy, stating that “if the syringes had been marked up so the hospital could see which contained glue and which contained dye, then Maisha would not have suffered what is an utterly devastating brain injury.”
Lessons Learned and Preventative Measures
The Maisha Najeeb case prompted a comprehensive review of safety protocols at Great Ormond Street Hospital and across the NHS. The hospital implemented an action plan of improvements, including full color-coding for all fluids and medications, to prevent similar incidents from happening again. The case also sparked a broader discussion about accountability and the importance of learning from mistakes in medical care. As Professor Martin Elliott noted in a presentation, litigating medical negligence is often the most effective way to ensure that the NHS is held accountable and that lessons are learned to prevent future tragedies.
Seeking Compensation for Medical Negligence
If you or a loved one has suffered harm due to medical negligence, you may be entitled to compensation. A medical negligence claim can help cover the costs of medical treatment, rehabilitation, and ongoing care, as well as provide financial security for the future.
Steps to Take:
- Seek Legal Advice: Contact a specialist medical negligence solicitor as soon as possible. Most firms offer a free initial consultation to assess your case and discuss your options.
- Gather Evidence: Collect all relevant medical records, documents, and information related to the incident.
- File a Formal Complaint: Make a formal complaint to the hospital or healthcare provider involved.
- Independent Medical Opinion: Your solicitor will consult with independent medical experts to evaluate the medical care you received and determine if it fell below the accepted standard of care.
Proving Medical Negligence:
To succeed in a medical negligence claim, you must prove the following:
- Duty of Care: The healthcare provider owed you a duty of care.
- Breach of Duty: The healthcare provider breached their duty of care by providing substandard treatment.
- Causation: The breach of duty directly caused your injury or illness.
- Damages: You suffered damages as a result of the injury or illness, such as medical expenses, lost income, and pain and suffering.
Recent Concerns at Great Ormond Street Hospital
It is important to note that Great Ormond Street Hospital has faced further scrutiny in recent years. In 2024, an investigation was launched into the work of a former orthopaedic surgeon, Yaser Jabbar, who treated 721 children between 2017 and 2022. The review found that 13 children suffered “severe harm” due to negligent surgeries, including cases of unnecessary amputation and significant limb length discrepancies. These more recent events highlight the ongoing need for vigilance and improvement in patient safety within the hospital.
Conclusion
The case of Maisha Najeeb v. Great Ormond Street Hospital (2014) is a poignant example of how a single, avoidable error can have life-altering consequences. While the substantial settlement provided financial security for Maisha’s ongoing care, it cannot undo the harm she suffered. This case underscores the critical importance of robust safety protocols, accountability, and continuous learning within healthcare organizations to prevent medical negligence and protect patients from harm. If you believe you have a claim for medical negligence, seeking legal advice is essential to understand your rights and pursue the compensation you deserve.