Health officials have admitted failings in care led to a 40-year-old mother-of-three’s death as her heart condition was undiagnosed, despite her repeatedly fainting and tests showing disturbances in her heartrate.
Rose Fuentebaja, of Stratford upon Avon, had been in hospital a week – during which time she had numerous blackouts and EGC tests – when she suffered a cardiac arrest and died.
Doctors failed to diagnose a life-threatening irregular heart rhythm and mistakenly believed the issue to be neurological, rather than cardiac.
Now, following legal action against West Midlands Ambulance Service University NHS Foundation Trust and South Warwickshire NHS Foundation Trust, led by medical negligence specialists Hudgell Solicitors, a £1m damages settlement has been agreed with Mrs Fuentebaja’s widow, Darrel.
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Ambulance crew failed to spot cardiac issues
Mrs Fuentebaja, herself a nurse for 16 years who worked in a private hospital, had been fit and healthy until first being taken ill on May 23, 2017, when she fainted at home.
An ambulance crew attended and carried out an ECG test which showed disturbances in her heartbeat, but which they recorded as being related to anxiety, telling her she didn’t need to go to hospital.
The following day, she began to suffer from pins and needles in her hands and feet and fainted again. This time an ambulance did take her to hospital, but unable to determine the cause, she was assessed and sent home.
A few days later, having fainted again, she was again taken to Warwick Hospital by ambulance.
Over a week period she had numerous ECG tests – and disturbances in her heartbeat were identified – but she was not placed on continual heart monitoring and was transferred to a neurological department at Coventry Hospital, where she died of a cardiac arrest on June 4th.
She was found unresponsive by a nurse who was doing her rounds, with attempts to resuscitate her proving unsuccessful.
Admissions that failings led to loss of life
As part of the legal case, led by specialist medical negligence solicitor Elizabeth Maliakal, of Hudgell Solicitors, West Midlands Ambulance Service University NHS Foundation Trust admitted breaching its duty of care as paramedics failed to identify potential cardiac issues despite an ECG showing disturbances, and her loss of consciousness. It also admitted that Mrs Fuentebaja should have been advised to go to hospital that day.
South Warwickshire NHS Foundation Trust admitted that failing to refer Mrs Fuentebaja to cardiology and failing to place her on constant heart monitoring, was also a breach of duty on its own part.
It admitted that had this happened, she was have been correctly diagnosed, and treated with beta blocker medication, and even if she had still suffered the cardiac arrest on June 4, she would have received swift defibrillation and resuscitation, and she would have survived.
‘It was such a traumatic time. I wanted justice for her’
Mr and Mrs Fuentebaja had built a happy family life in the UK having moved from the Philippines in 2001.
She was a full-time nurse and a deputy manager in a private hospital, and the major family income earner, providing financially also for her parents and a sister back in the Philippines.
When she died, Mr Fuentebaja was left to raise his three children, aged 14, nine and six at the time, with very limited support, whilst also suffering psychologically from the sudden loss. He said:
It was a really traumatic time when my wife died.
As a nurse herself she was really committed to helping others and she helped to save many lives. Unfortunately, when the time came when she needed that help, she was failed and it cost her life.
I went into a deep depression for about a year, and I had a lot of worry at that time. I worried about what would happen to my children if something was to happen to me. I was left feeling very angry and bitter about that, and the mistakes that were made, and that is why I pursued legal action for her. I wanted justice for her.
The compensation is helpful, but for now I can’t even think about spending it. It’s money that has come from losing my wife. I intend to save it and make sure my children can benefit from it in future years. They lost their mother and so hopefully it can help them in their lives.
‘Incredibly tragic and heartbreaking case’
Mrs Maliakal described the fatal medical negligence case as ‘incredibly tragic and heart-breaking’. She said:
Mrs Fuentebaja’s death was wholly avoidable. Had she been given appropriate treatment and care she would still be with her family today, but she was let down by two separate health providers.
The missed opportunities to provide timely treatment led to the loss of a much-loved mother, wife and daughter who was the main provider for her family.
I have been incredibly proud to have been entrusted by Mr Fuentebaja to represent him and his children during the most difficult of times.
Sadly nothing, nothing can be done to fill the huge void left in peoples’ lives when loved ones are lose due to medical errors.
However, we were able to offer our support, and a thorough investigation enabled us to secure an initial interim payment to help ease the financial strain placed on the family, a full apology from South Warwickshire NHS Foundation Trust and a final settlement which provides much needed financial stability for Mr Fuentebaja, and his children, for the future.
As somebody who does not speak English as a first language, I know it was daunting for him to enter a legal process at a time when he was still adjusting to the devastating loss of his wife. That was why we ensured he had an interpreter who he had a good rapport with to help him through each step of the process.
Mr Fuentebaja is now being advised by an independent financial adviser, who we introduced him to, to ensure he is able to make this settlement have the maximum impact for himself, and his children, in the future.
Legal support included dedicated interpreter
Mr Fuentebaja added:
I am pleased that I had the support of Elizabeth and Hudgells. She was very helpful. I had no idea of how the legal system works here and she ensured everything was explained and my interpreter always went through everything with me. I’m really grateful for that support.
Mrs Maliakal was supported by Hudgell Solicitors’ Litigation Assistant Emma Wilkinson in running the case, and instructed Barrister Catherine Ewins, of Hailsham Chambers.
