UK Injury Compensation News

In the UK, hospital negligence claims have to show that “on the balance of probability” you sustained an injury or an existing condition deteriorated due to the negligence of a medical practitioner or member of the hospital staff. Although surgical and procedural errors are the primary reasons for hospital negligence claims in the UK, a lack of hygiene which leads to a hospital acquired infection may also qualify you to make UK hospital negligence claims.

Successful UK hospital negligence claims usually rely on expert medical professions testifying that the injury you sustained could have been avoided if another course of action had been pursued. Consequently it is your best interests to engage the services of an experienced solicitor who knows the most relevant medical experts for your specific condition.

If you believe that you or a loved one has been the victim of hospital negligence, and would like to know more about UK hospital negligence claims, you are invited to speak directly to an experienced solicitor on our freephone injury claims advice service. All calls to this service are completely free, conducted with complete confidentiality and place you under no obligation to proceed with UK hospital negligence claims.

Family Get Compensation for the Misdiagnosis of Lung Cancer

A family grieving the death of a husband and father are to receive an undisclosed settlement of compensation for the misdiagnosis of lung cancer.

Frank Golby from Whoberley in Coventry had been referred to Coventry University Hospital in May 2010 for a CT scan after visiting his GP with a persistent cough. The scan showed a 1cm-wide nodule on his left lung, but doctors missed the signs of a deadly tumour and Frank was diagnosed with a chest infection.

Frank returned to the hospital on several occasions complaining of breathing problems and anaemia, but the 2010 scan was never reviewed. It was only when a chest x-ray on 17th February 2012 revealed that that the tumour on his lung had grown to five times its original size was the correct diagnosis made; but it was too late for Frank – who died the following day, aged 65.

Frank´s family sought legal advice and made a claim for the misdiagnosis of lung cancer on the grounds that, had the nodule been correctly identified in 2010 at a stage when the cancer was treatable, Frank would have lived for at least a further ten years.

After a review of the negligent treatment Frank had received, his wife, son, daughter and two grandchildren were offered an apology by the University Hospitals Coventry and Warwickshire NHS Trust and an undisclosed five-figure settlement of compensation for the misdiagnosis of lung cancer was agreed between the Trust and solicitors representing Frank´s family.

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Compensation for NHS Brain Injury Awarded to Child

A thirteen year old boy, who developed cerebral palsy due to an alleged case of medical negligence, has been awarded £7.3 million compensation for NHS brain injury in an out-of-court settlement.

Robbie Crane (13) from Hemel Hempstead, Hertfordshire, suffered brain damage resulting in cerebral palsy, learning difficulties, behavioural problems and epilepsy following surgery at Harefield Hospital in October 1999 to treat the congenital heart problems he was born with several days earlier.

Mr Justice Tugendhat at the High Court in London heard that the complicated artery ‘switch’ surgery was successful, but Robbie suffered brain damage in a 15-hour period after the operation because a ventilator keeping him alive had not been adjusted properly. Robbie’s injuries mean he will never lead an independent life or earn his own living. He has no sense of danger and needs intensive supervision at all times.

Through his parents – Barrie and Catherine Crane – Robbie made a claim for NHS brain injury against the Royal Brompton and Harefield NHS Trust, alleging that his condition was a direct result of medical negligence. The NHS Trust denied liability for his injuries, but made an offer of compensation for NHS brain injury based on 70 percent of what Robbie would have received in full settlement of his claim.

Under the out-of-court settlement, Robbie will receive a substantial lump sum immediately as well as annual, index-linked and tax-free payments to cover the costs of his care for as long as he lives. With his anticipated life expectancy, the total compensation for NHS brain injury package is valued at £7.3 million.

Although Robbie´s settlement was agreed “out-of-court”, the award still had to be approved by a judge as it related to a legal minor. After hearing the circumstances of the case and the NHS Trust´s legal representatives acknowledge that “things could have been done differently and better”, Mr Justice Tugendhat approved the settlement of compensation for NHS Brain injury – paying tribute to Robbie´s parents for the devotion they had given their son.

Posted in Brain Injury Compensation in the UK, Medical Negligence in the UK, UK Child Injury Claims, UK Hospital Negligence, UK Severe Injury Compensation - Comments Off

Claim for Negligent Gastric Surgery Settled Out of Court

A woman, who developed a hernia in her bowel after doctors botched a gastric band operation, has settled her claim for negligent gastric surgery against the Hull and East Yorkshire NHS Trust.

Rachel Benefer (28) from Cleethorpes in Lincolnshire underwent the procedure in 2007 after she was diagnosed with polycystic ovary syndrome and her weight had increased to over 19 stone (120Kg).

Doctors at the Classic Hospital in Hull initially believed that the operation had been successful, but the failure to properly close an incision in her stomach led to a hernia developing which blocked Rachel´s small bowel.

Rachel developed an inflammation of the abdominal wall and acute peritonitis as a consequence of the hernia and lapsed into a coma. She spent five weeks in hospital, including 11 days on a ventilator, and had to undergo a tracheotomy.

After recovering from her ordeal, Rachel sought legal advice and made a claim for negligent gastric surgery against the Hull and East Yorkshire NHS Trust – claiming compensation for the further surgery she had to undergo to repair the hernia, the unsightly scars she now has on her abdomen and the depression she experienced as a direct result of her trauma.

Hull and East Yorkshire NHS Trust held an investigation into Rachel´s botched gastric band operation and, before her claim for negligent gastric surgery was scheduled in court, settled the case with a compensation payment of £35,000.

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Compensation for Fatal Hernia Operation Awarded to Widower

The widower of a woman who died following a “routine” hospital procedure has been awarded £150,000 compensation for fatal hernia operation in an out-of-court settlement.

Helen Blyth (79) underwent the hernia procedure at Northampton General Hospital in March 2010 after being diagnosed with a large hiatus hernia behind her heart border. Soon after 8.00pm on the evening of her surgery, Helen´s blood pressure fell and, at 1.00am the following morning, she was found unresponsive. Despite the best efforts of the emergency team, Helen died at 1.55am.

An inquest into Helen´s death attributed the decrease in blood pressure and subsequent cardiac arrest to a rare complication following surgery; however Helen´s husband – Sydney Blyth – asked solicitors to look more closely into the circumstances surrounding her death.

The solicitor´s medical expert discovered that the surgeon in charge of Helen´s hernia operation – Mr David Cubbon Hunter – had used Pro Tack staples during the procedure despite the manufacturer´s warning that the staples should not be used in circumstances such as Helen´s where the hiatus hernia was located in the diaphragm.

Helen´s family made a claim for fatal hernia operation compensation against Mr Hunter and the Northampton General Hospital NHS Trust, alleging that Mr Hunter both knew about the warning given by the manufacturers of Pro Tack staples and chose to ignore it or was not aware of the risks involved – in either case demonstrating medical negligence.

After an internal investigation, the Northampton General Hospital NHS Trust admitted liability for the error which cost Helen Blyth her life and apologised. A settlement of compensation for fatal hernia operation amounting to £150,000 was negotiated between Sydney´s solicitors and insurers for the hospital.

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Fears Raised over Settlements of NHS Negligence Claims

The Chief Executive of the Medical Defence Union has raised fears that settlements of NHS negligence claims are spiralling out of control and becoming unsustainable.

Speaking on the BBC´s “Today” program, Christine Tomkins said that the value of claims against the NHS being currently settled is rising faster than society´s ability to pay for them. “Money is pouring out of the NHS to set up one-patient institutions” she claimed “when it could be retained in the NHS.”

Ms Tomkins stated that legislation first formulated in 1948 – the Law Reform (Personal Injuries) Act – disregards care provision available from the NHS for those who sustain a catastrophic injury and settlements of claims against the NHS are therefore calculated of how much it would cost to provide care for the injured victim privately.

On the program, she cited the case of Charlie Scott, who was diagnosed with spastic quadriplegic hemiplegic atheloid cerebral palsy after being brain damaged at birth, and whose mother recently won a 14-year legal battle against the Royal Bournemouth and Christchurch Hospitals NHS Trust.

The settlement of £7.1 million, Ms Tomkins claimed, would be far lower if those calculating the value of compensation in NHS negligence claims could consider the care available on the NHS. According to Ms Tomkins, the NHS Litigation Authority has periodic payment liabilities of £18bn – enough to pay the annual running costs of a dozen large teaching hospitals.

Charlie Scott´s mother, Clare, was also invited onto the radio program. She acknowledged that some of the care and equipment from which Charlie will now benefit could be provided by the NHS, but told presenter Justin Webb that Charlie will no longer have to wait for social services assessments before being provided with the care he needs. Mrs Scott added that the size and structure of the settlement enables the security of 24-hour care for her son when she, or the NHS, would be unable to provide it.

Posted in Brain Injury Compensation in the UK, Clinical Malpractice in the UK, UK Child Injury Claims, UK Hospital Negligence, UK Severe Injury Compensation - Comments Off

Compensation for Gynaecological Errors for Hysterectomy Patient

A woman who lost her child due to a medical error by staff at the Royal Cornwall Hospital has been awarded £62,000 in compensation for gynaecological errors in an out-of-court settlement.

The unnamed woman attended the Royal Cornwall Hospital in November 2007 for a hysterectomy operation, during which it was discovered that she was fourteen weeks pregnant. The woman had not known that she was pregnant but, once her cervix had been removed, the continuation of the pregnancy was unviable.

Following an investigation into the tragedy it was revealed that the consultant gynaecologist – Dr Rob Jones – had noticed that the uterus was “abnormally large” but had continued with the procedure regardless. Dr Jones has since resigned and is being investigated by the Royal College of Obstetricians and Gynaecologists over the frequency of surgical complications during his procedures.

After seeking legal advice, the woman made a claim for gynaecological errors compensation against the Royal Cornwall Hospital Trust stating that, had she known she was pregnant, she would never have gone ahead with the hysterectomy procedure. Although having suffered no physical harm, it was found that the patient had undergone a significant emotional trauma.

The Royal Cornwall Hospital Trust admitted liability for an “inadvertent termination” and conceded that that the diagnosis of the pregnancy could and should have been made at the point when it was still viable to for the pregnancy to continue. After negotiating with the woman´s legal representative´s, a settlement of £62,000 in compensation for gynaecological errors was agreed.

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Liability Admitted in Breast Screening Compensation Claims

The NHS Trust responsible for two hospitals which had to suspend breast screening services due to “serious problems” has now admitted liability in three breast screening compensation claims.

The medical director of the North Cumbria University Hospitals NHS Trust, Mike Walker, announced to the press that apologies had been sent to three women who had initially been given the all-clear after routine breast screening at the Cumberland Infirmary in Carlisle and the West Cumberland Hospital in Whitehaven, only to find out following a review that they were suffering from breast cancer.

The three women´s breast screening compensation claims – and a number of others which have been made against the NHS Trust – followed a major investigation after a Quality Assurance team had identified “serious problems” with the way in which the routine breast screening procedures were followed-up. More than 1,600 mammograms were reviewed in the investigation with 180 women re-called for further checks and 16 of those originally given the all-clear now being treated for breast cancer.

In these circumstances, claims for breast screening compensation are only possible when the negligence of the hospital has affected the woman´s treatment, prognosis or life expectancy and, following the admission of liability in three breast screening compensation claims, Mr Walker said that the NHS Trust will investigate the other claims with the aim of achieving a satisfactory resolution as quickly as possible.

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Compensation for Delayed Treatment Awarded at Court

The family of a boy, who suffered brain damage due to being starved of oxygen prior to his birth, have had been awarded compensation for delayed treatment at the Royal Courts of Justice.

Joseph O´Reggio (11) from Wolverhampton, West Midlands, was born at the city´s New Cross Hospital in 2001 following an alleged failure by the hospital staff to monitor his mother – Rachel – during the later stages of her pregnancy. As a result of the alleged hospital negligence, Joseph was starved of oxygen prior to his birth and was brain damaged by the time he was delivered – later developing severe cerebral palsy.

Joseph´s parents made a claim for delayed treatment compensation on the grounds that the Joseph´s heart rate had fallen on the morning of April 14th 2001, but a specialist was not summoned until 10.00pm that evening. As a result of the delayed delivery, Joseph now requires 24-hour care and is unable to speak or feed himself.

In 2011, the High Court heard that Royal Wolverhampton NHS Trust admitted that Joseph should have been born earlier, but would not accept full liability for his injuries. However, an agreement was negotiated in which the Trust would pay annual periodic payments amounting to an 80 percent valuation of a full compensation for delayed treatment settlement.

At the Royal Courts of Justice, the family heard that the package of compensation for delayed treatment amounted to 6 million pounds – based on Joseph´s anticipated life expectancy – and will be sufficient for the family to move into a specially adapted home with the specialist rehabilitation equipment that Joseph needs to develop his skills with hearing, sight, taste, touch, language and hand-eye co-ordination.

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Early Hospital Discharge Compensation Awarded in High Court

A woman, who was released from hospital just eight hours after being admitted with a broken pelvis, has won a High Court hearing and been awarded with 35,000 pounds in early hospital discharge compensation.

Lydia Eaton (102) from Wigmore, Kent, sued the Medway NHS Trust through her daughter after she lost the ability to walk independently following the events of March 2007. Lydia, who had broken her pelvis in a fall near her home, was taken to the A&E Department of Medway Maritime Hospital in Gillingham but discharged after just eight hours and provided with a prescription for painkillers.

Lydia´s condition deteriorated after she returned home and, as her mobility decreased, started to develop sores and ulcers. Her family, it was claimed at London´s High Court, received no instruction on how to deal with Lydia´s condition or support from the hospital, and the following month Lydia was moved into a nursing home.

Judge Sweeney at the High Court heard solicitors representing Lydia contend that Lydia would still be living independently and able to walk had it not been for the negligence of doctors at the Medway Maritime Hospital and they advised the judge that, since the claim for early hospital discharge compensation had been made, Lydia had been forced to move into another – more expensive – nursing home where a higher level of care could be provided.

Finding in favour of Lydia, Judge Sweeney agreed that the hospital had indeed been negligent in prematurely releasing Lydia from hospital – a situation which had directly resulted in the deterioration of her condition. The judge awarded Lydia 35,000 pounds in early hospital discharge compensation and ordered that it be placed in a trust fund to pay for Lydia´s care.

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Paramedic Awarded Compensation for Negligent Brain Surgery

An ex-paramedic, who was left severely disabled after doctors removed the wrong part of his brain, has accepted a seven figure settlement of compensation for negligent brain surgery from the NHS Trust responsible for the error.

John Tunney (63) from Sutton Coldfield, West Midlands, underwent the operation in April 2008 after an MRI scan had revealed abnormalities around his pituitary gland. However, instead of removing the tumour, surgeons took away healthy tissue during the operation which resulted in John´s brain haemorrhaging.

The error left John partially blind and requiring 24 hour care. He later learned that the operation had not even been necessary as doctors had failed to check the results of a blood test which would have revealed that John was suffering from prolactinoma – a benign and common pituitary tumour which can be treated with tablets.

After taking legal advice, John – who worked for the West Midlands Ambulance Service as a paramedic for 23 years – made a claim for negligent brain surgery compensation against the University Hospitals Coventry and Warwickshire NHS Trust and, after an investigation, the NHS Trust admitted liability for the dual error.

John´s solicitors entered into negotiations with University Hospitals Coventry and Warwickshire NHS Trust over how much compensation for negligent brain surgery should be awarded and, although details of the final settlement have not been released, a settlement in excess of one million pounds has been agreed.

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Family to Receive Compensation for Misdiagnosis of Meningitis

The family of a six-year-old girl, who were told their daughter was well enough to return home when suffering from pneumococcal meningitis, are to receive an anticipated seven figure payout in compensation for misdiagnosis of meningitis.

Kate Pierce from Wrexham, North Wales, was just nine months old when she developed the infection and was taken to Wrexham´s Maelor Hospital. A junior doctor diagnosed Kate with viral tonsillitis and told her parents it was safe to take her home. When asked if they could have a second opinion, Kate´s parents were told that the advice of a senior doctor had been sought when it in fact had not.

Kate´s parents took the little girl home but, when her condition deteriorated further, returned to the hospital the following day. On their return Kate was correctly diagnosed with pneumococcal meningitis and transferred to Liverpool´s Alder Hey Children´s Hospital. However, Kate had already sustained severe brain damage and now suffers from chronic lung disease, severe epilepsy and is registered both blind and deaf.

The family took legal advice about claiming compensation for misdiagnosis of meningitis and sued the Betsi Cadwalader University Health Board for medical negligence – claiming that the severity of Kate´s condition could have been avoided if she had been diagnosed correctly. After an investigation into the allegations, Betsi Cadwalader University Health Board admitted 75 per cent liability for Kate´s injuries and, at Mold County Court, a judge heard that a compromise situation had been reached.

How much compensation for misdiagnosis of meningitis Kate´s family will receive will be decided at a hearing later this year.

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Woman to Receive Compensation for Surgical Procedure Error

A Nottingham woman, who was left with cerebral palsy after being starved of oxygen during a routine operation when she was a baby, has been awarded a six-figure settlement of compensation for surgical procedure error at London´s High Court.

Stacey Jayne Smith (24) was admitted to Nottingham City Hospital in 1988 with a high temperature and doctors, suspecting gall stones, scheduled an operation to removed Stacey Jayne´s gall bladder. However, as Mr Justice Tugendhat at the High Court heard, during the operation Stacey Jayne´s bowel was punctured and she went into cardiac arrest.

Although she was resuscitated, Stacy Jayne´s heart had stopped beating and she suffered catastrophic brain injuries as a result. Stacey Jayne now has cerebral palsy, had to cope throughout her childhood with severe learning difficulties and experiences problems with walking long distances.

Stacey Jayne´s parents made a hospital negligence claim against the East Midlands Strategic Health Authority (EMSHA) who, after an investigation, acknowledged their error and agreed an undisclosed settlement of compensation for surgical procedure error which is believe to be in six figures.

Approving the settlement, Mr Justice Tugendhat said “I do express my sympathy to Stacey’s family and wish them all the best for the future. Stacey has been very fortunate in the support her family has given her, so lovingly, for so long.”

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Negligence Claims Against NHS Rise due to Increased Awareness

Increased awareness of patient rights has resulted in a dramatic increase in claims for medical negligence against the National Health Service (NHS). According to government figures, the number of claims made in the past five years has increased 5,697 to 8,655 per year, and has forced the NHS Litigation Authority to seek additional funding from the Health Secretary, Andrew Lansbury.

Tom Fothergill, financial director of the NHS Litigation Authority, admitted that marketing by “No Win, No Fee” solicitors had contributed to the public body´s financial shortfall and had added a premium to legal costs. However, he was also quick to point out that legislation which linked the wages of claimants´ carers to earnings rather than inflation has also led to increased payouts.

With approximately 100 claims for medical negligence a year relating to birth injury compensation, and the average value of each claim close to 6 million pounds in the lifetime of the child, an improvement in the survival rates of brain damaged babies – who will require a lifetime of care – has also placed significant strain on the NHS Litigation Authority´s budget.

A further 185 million pounds is required by the NHS Litigation Authority to prevent it running out of money by the end of the financial year, a sum which has been approved by Mr Lansbury and health minister Lord Howe. Following the announcement of the bail-out Lord Howe said “Following a review of claims, we have made additional funds available to the NHS Litigation Authority in order to make sure that those claimants who are entitled to compensation receive it in a timely way.”

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More Funds Available for NHS Medical Negligence Claims

The NHS Litigation Authority – the public body responsible for indemnifying the National Health Service (NHS) against medical injury compensation – is to receive a 185 million pounds boost to its finances to help cope with the increasing number of medical negligence claims made against the NHS.

The Health Secretary, Andrew Lansbury, has agreed to the injection of funds after discovering that the value of outstanding claims for medical injury compensation against the NHS could result in a liability of 16.85 billion pounds. This is in addition to the 1 billion pounds paid out annually in structured compensation settlements from previous years.

The financial director of the NHS Litigation Authority, Tim Fothergill, explained that much of the shortfall could be attributed to a higher survival rate of babies born with brain damage. “We have about 100 claims involving brain-damaged babies a year” Mr Fothergill told The Times in an interview, “and a legal ruling five years ago which linked the wages of claimants´ carers to earnings rather than inflation has also led to increased payouts”.

Health Minister Lord Howe added “The vast majority of the millions of people treated by the NHS every year experience good quality, safe and effective care. However, if patients do not receive the treatment they should and mistakes are made, it is right that they are entitled to compensation and the NHS Litigation Authority plays a vital role in ensuring that claims are settled as swiftly as possible. Following a review of claims, we have made additional funds available to the NHS Litigation Authority in order to make sure that those claimants who are entitled to compensation receive it in a timely way.”

In the past five years, claims for medical injury compensation made against the NHS have risen from 5,697 to 8,655 per year.

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Hospital Negligence Claims 1 in 10 Report Reveals

Figures revealed by NHS Wales revealed that almost one-in-ten patient safety incidents result in a fatality or serious injury due to hospital medical negligence. The report showed that between April and September 2011 fifty-five avoidable deaths and sixty-eight incidents of “severe harm” to patients occurred in NHS Trusts in Wales.

Kirsty Williams, leader of the Welsh Liberal Democrats, said: “It is accepted that some patients will die in hospitals, but it is unacceptable that patients die due to hospital error.” She called for an investigation into the high level of avoidable injury after learning that 41 deaths had been reported by the Aneurin Bevan Health Board in the six month period.

Other Health Boards which reported significant high numbers of patient fatality attributable to hospital medical negligence included Betsi Cadwaladr University Health Board where more than 40 patients have known to have died due to “patient safety incidents” in the past eighteen months, and Abertawe Bro Morgannwg University Health Board and Hywel Dda Health Board which each recorded 30 avoidable deaths during the same period.

A total of 26,749 patient safety incidents were recorded in Wales between April and September, but doubts were cast on the integrity of the figures by Powys Local Health Board reporting just one patient safety incident following 264 in the previous accounting period.

A spokesman on behalf of NHS Wales commented on the figures by saying “Every year, thousands of patients receive high quality, safe and effective treatment, but in a modern health system – where increasingly complicated procedures are being undertaken – sadly, mistakes can, and will, still happen. When this happens, the NHS must investigate and take action, where appropriate, and provide assurances and feedback to patients”.

However, Ms Williams was impressed. “If the Health Boards can learn from their mistakes”, she said “they can reduce the number of people who die needlessly in our NHS”.

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Cancer Misdiagnosis Victim Wins Hospital Negligence Claim

A woman who had her stomach erroneously removed after being misdiagnosed with cancer has won her hospital negligence claim and received an undisclosed settlement from Mid Staffordshire General Hospitals NHS Trust.

The 74-year-old woman from Rugeley, Staffordshire, underwent the surgery in 2004 after doctors told her that a tumour in her stomach was malignant. She later discovered from support medical staff that her test results had been misinterpreted and that the tumour was benign.

As a result of her operation and long recovery period the woman, who wishes to remain anonymous, has lost a significant amount of weight and suffers from painful digestive problems. She has been unable to continue the voluntary work she did before the operation and now requires regular care and assistance.

The undisclosed out-of-court hospital negligence claim settlement has been calculated to include the psychological trauma of being told that she had a life-threatening tumour inside of her and the deterioration in her quality of life due to the unnecessary surgery. It will enable the woman to receive a higher level of care in the future and support to help her recover from her emotional ordeal.

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Baby Tube Hospital Medical Negligence Claim Resolved

A couple from Staffordshire have been awarded an undisclosed hospital medical negligence settlement after their son coughed up a tube which had been left in his throat following a surgical procedure.

Claire Thomas of Cannock, Staffordshire, had just given birth to her son, Owen, at the Stafford Hospital in February 2007 when the error occurred. Owen had been a difficult birth, and because he had experienced should dystocia during the delivery, an endotracheal tube had been inserted into his throat to enable him to breathe.

Due to the birth complications, Claire and Owen were still in the specialist care unit at Stafford Hospital ten days later when Owen started choking. Claire slapped him on the back, and Owen coughed up the six inch tube which had been left in his throat following the procedure.

After taking legal advice, Claire and her husband, Kevin, filed a hospital medical negligence claim against the Mid-Staffordshire NHS Foundation Trust which has now been resolved for an undisclosed sum. Owen, their son, has fortunately suffered no long-term consequences as a result of the hospital oversight.

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Out of Court Settlement Agreed for Brain Injury Compensation

A Nottinghamshire man, who suffered brain damage due to alleged negligence at his birth, has settled his brain injury compensation claim against the NHS East Midlands Strategic Health Authority.

Mathew Eacott (25) of Mansfield, Nottinghamshire, was delivered at the Kings Mill Hospital in 1986 showing no signs of life. He was revived by medics but, it was alleged in a claim for brain injury compensation, that had the medical team acted sooner Mathew would not have sustained the traumatic injuries he lives with today.

Mr Justice Wilkie heard at the High Court in London that Mathew now suffers from cerebral palsy, mobility problems, limited vision, behavioural difficulties and epilepsy due to the alleged medical negligence. The Kings Mill Hospital and NHS East Midlands Strategic Health Authority but, the judge heard, had agreed to a brain injury compensation settlement on the grounds that a trial in court could have gone either way.

Approving the settlement, which consists of a lump sum payment of 200,000 pounds and a yet-to-be-agreed annual payment, Mr Justice Wilkie said “In those circumstances, the parties are to be congratulated in having the wisdom to settle the case on a compromise basis, rather than put all at risk on a trial.”

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Brain Injury Compensation Settlement Approved in Court

A seven year old boy, who sustained brain damage due to the mismanagement of his birth, has had a multi-million pounds brain injury compensation package approved in the High Court.

Ciaran Dill of Luton, Bedfordshire, was born at the Luton and Dunstable Hospital in July 2004, but as Mr Justice Eady – sitting at London’s Royal Courts of Justice – heard, insufficient attention was paid by medical staff to a foetal heart monitor during Ciaran´s mother´s labour.

Consequently Ciaran´s delivery was delayed by more than hour, resulting in the child being starved of oxygen and sustaining devastating brain injuries. Due to the hospital´s negligence, Ciaran is now unable to walk or talk and will never be able to live an independent life.

The Luton and Dunstable Hospital NHS Foundation Trust admitted liability for Ciaran´s injuries and agreed a brain injury compensation settlement which will award a lump sum in excess of 2 million pounds immediately, followed by annual six-figure payments to cost the cost of Ciaran´s care and education.

Approving the settlement, Mr Justice Eady commented “It is clear from what I have seen that Ciaran is fortunate in one respect at least, and that is in the devoted care he has received from his parents and family over so many years.”

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Hospital Negligence Claim Settled for Misdiagnosed Spinal Injury

A 25 year old man, whose schoolboy spinal injury was overlooked eleven years ago – leading to years of pain and difficulty with walking – has settled his hospital negligence claim with the Tameside Hospital in Manchester in an undisclosed out-of-court settlement.  

Liam Careless of Stalybridge, Manchester, was just twelve years of age when he attended the Accident and Emergency department of the Tameside Hospital complaining of feelings of paralysis on his neck. Liam was x-rayed, detained overnight and discharged from hospital the next day with a neck collar for support.

However, after four years of complaining of shooting pains in his neck, a further x-ray revealed that the serious damage to Liam´s spine had been overlooked – damage which could have been resolved with prompt surgery at the time of his original complaint.

Now faced with a lifetime of pain, a weak neck and difficulty with walking, Liam sought legal advice and brought a hospital negligence claim against the Tameside Hospital. The Tameside Hospital acknowledged that they were liable for the error and offered Liam a six figure sum in compensation to provide ongoing care.

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