Widow receives significant compensation after multiple misdiagnoses led to husband’s death

When Julie lost her husband Keith unexpectedly, she was left not only grieving but questioning how his heart condition had been missed.

Keith attended A&E three times within a three month period presenting with shortness of breath, severe and worsening chest pain and heaviness in his arms – all signs the retired police Sergeant was suffering from a suspected heart attack.

However, the 70-year old was assessed and sent home each time with the diagnosis of a non-life-threatening condition, pericarditis.

Three months after he first presented at A&E, Keith passed away at home.

Julie raised a misdiagnosis complaint with NHS Highland when her husband’s postmortem showed there was no pericarditis present and instead he had ischaemic heart disease - a condition where the heart muscle doesn't get enough blood and oxygen due to narrowed or blocked arteries.

In a subsequent letter, clinicians apologised to Julie and acknowledged that the standard of care fell below that expected of NHS Highland.

Julie recalled: “My youngest son had found his dad on the sofa that morning. It was incredibly distressing.

“I tried to resuscitate him for what felt like hours until the paramedics arrived. I was praying for it to work but it didn’t.

“I just remember my daughter saying we had to persevere with a complaint to prevent this type of thing from happening to other families.

“I’ve lost the love of my life and it angers me beyond words that Keith could still be alive today if he had been properly diagnosed and treated.”

Julie decided to contact Digby Brown for legal support with a misdiagnosis claim.

Elaine McCulloch, Associate in our specialist Clinical Negligence Team, helped Julie fight for justice on Keith’s behalf.

She gathered witness statements and medical records - including the conclusions of internal reviews which are essential for any clinical negligence claim.

With the right evidence in place, she was then able to build a strong argument that NHS Highland failed in its care.

However, despite the medical findings and the clear admission in the letter Julie received that the standard of care had fallen short, NHS Highland never formally admitted liability.

The health board initially indicated a willingness to settle, but months passed with no offer forthcoming - leaving Julie and her family in limbo.

Elaine continued the fight for justice and rightly raised a court case in the Court of Session, Scotland’s highest civil court. This step finally forced the health board to properly engage with the claim.

Delays continued from the other side right up until the pre-trial meeting where rightful compensation was finally secured for Julie.

Julie said: “At the beginning it was still very raw, but Elaine allowed it to go at my pace so I wasn’t bombarded.

“She said if I had any questions I was just to phone her and ask - she was very forthcoming and kept me informed of everything that was happening.

“Nothing can fill the gaping hole Keith’s death has caused, but it was a relief to put it behind us.

“I want to put the money into a trust to help my kids in the future - that gives me peace of mind.”

Here to guide you through the process

A civil action against the NHS or other healthcare providers, like GPs or dental surgeries, isn’t just about seeking compensation - it can help you get answers. 

It can also hold those responsible accountable for the failings and help improve medical standards.

Our Clinical Negligence team has the expertise, resources and trusted reputation to make sure you and your family secure the justice and damages you deserve.

Learn more about what is involved with making a medical negligence claim in Scotland or complete our medical negligence enquiry form and a legal advisor will be in touch.