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Kirsty Allen
We are currently working on claims for failures in the treatment of aortic dissection and here we discuss what the condition involves and why legal cases for medical negligence arise.
The aorta is the main artery which carries oxygenated blood away from the heart to the rest of the body. It is a muscular tube that has three layers of tissue. An aortic dissection occurs when the inner layer of this artery tears, causing blood to leak, leading to the inner and middle layers separating. If the outer wall is ruptured then the condition is often fatal.
Symptoms of aortic dissection include a sudden and severe pain across the chest, which can also radiate to the back, shortness of breath and feeling faint, along with pain in the jaw, face or abdomen. The pain can disappear and then recur. Blood tests can be normal as can an electrocardiogram (ECG). A definitive diagnosis requires specific imaging techniques, usually a CT aortogram (CTA).
High blood pressure can weaken the wall of the aorta over time so that it is more susceptible to tearing. If a person suffers an aortic aneurysm (a swelling or bulging in the aorta), this can make dissection more likely. There are other conditions which cause the aorta wall to weaken, including Turner syndrome, Ehlers-Danlos syndrome and Marfan Syndrome.
There are two types of aortic dissection, Type A and Type B. Type A is a tear in the upper aorta (known as the ascending aorta) and usually requires surgery. Type B is a tear in the lower aorta. Type B tears can carry lower risks and may not require surgery.
Immediate measures to control blood pressure and heart rate in patients diagnosed with an aortic dissection are recommended.
Unfortunately, aortic dissection is a condition which, if misdiagnosed, can have devastating consequences.
The Healthcare Safety Investigation Branch (HSIB), an organisation dedicated to improving patient safety in the NHS, published a report in 2020 called ‘Delayed Recognition of Acute Aortic Dissection’. This highlighted that staff in non-specialist hospitals may be unfamiliar with the condition and its presentation since acute aortic dissection is a rare cause of chest pain, particularly when compared to a heart attack (acute myocardial infarction), and symptoms can vary or be confusing.
The HSIB found that a delay in diagnosis occurs in around 16 to 40 percent of cases and is more likely if the patient walks into the hospital or where a cardiac cause for the chest pain (such as a heart attack) is initially suspected.
If there has been a misdiagnosis of an aortic dissection, or other delay in treatment, then there may be a claim for medical negligence. Many claims are against Accident and Emergency Departments which fail to correctly diagnose the symptoms of aortic dissection.
We are able to provide specialist advice in relation to these types of clinical negligence claims and work closely with emergency medicine and cardiology experts to consider the injuries sustained and whether they would have been avoided. We understand how traumatic a missed aortic dissection diagnosis can be and provide our clients and their families with a supportive and sensitive service, making each step of the legal process as clear and easy as possible. We focus on reducing the stress our clients are suffering and where possible and relevant, we look to secure funds for early rehabilitation. The amount of compensation available will depend on the extent of any injuries but will usually include sums for pain and suffering, future care, treatment and therapies along with sums to cover financial losses including lost earnings. Where a person has sadly died, an award can include sums for a loss of dependency both financially and emotionally.
In November 2021 the Royal College of Emergency Medicine and The Royal College of Radiologists published best practice guidelines – ‘Diagnosis of Thoracic Aortic Dissection in the Emergency Department’. These include a recommendation that all clinicians working in emergency departments should be made aware of the difficulties surrounding the diagnosis. The guidelines also make clear that it is the role of the emergency department to request a scan and act on the result. This responsibility should not be passed onto another clinical team. We hope that awareness of this rare but critical condition continues to be raised.
If you would like any further information or advice about the topic discussed in this blog, please contact Rebecca Linnell or our Medical Negligence and Personal Injury team.
Rebecca Linnell is an Associate in the Medical Negligence Department who acts for a range of clients dealing with both medical negligence and personal injury claims. Rebecca assists the Partners in the Department with complex claims including negligence relating to spinal injuries, birth injuries, obstetric injuries, ophthalmic injuries and cases where there has been a fatality. She also has experience in dealing with issues surrounding patient consent and delays in diagnosis. Rebecca additionally assists clients who have sustained catastrophic injuries from road traffic accidents.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Kirsty Allen
Robert Houchill
Connie Atkinson
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