Failure to Properly Manage Non-Invasive Ventilation in Hospital

Medical records indicate confusion among the multidisciplinary team about her compliance with NIV and no clear handover regarding oxygen being entrained through the machine, while she was placed on a non-respiratory ward where staff were unfamiliar with the equipment. Despite repeated episodes of breathlessness, falling oxygen saturations, and concerns that the NIV was not functioning correctly, there was a failure to escalate her care or seek timely specialist input. Once she was later transferred to a respiratory ward with trained staff, her condition improved and she began tolerating treatment. Expert evidence was obtained from a nurse expert, and then respiratory physician on breach of duty and causation.

A letter of claim was sent to the Trust setting out the allegations of negligence, and the Trust were invited to carry out their own investigation. The Trust admitted that these breaches of duty caused avoidable deterioration, including type 2 respiratory failure and pulmonary oedema, and that with appropriate ventilation and oxygen management from the outset, her condition would have been less severe and her hospital stay shorter. On the basis of this, a settlement was negotiated for our client to recognise her pain, suffering and loss of amenity.