£1.7m for grandfather brain injured under care of Midlands' Hospital
Jenny Urwin settled a medical negligence claim for £1.7m for an elderly man who was brain injured following a fall while under the care of a Midlands' NHS Foundation Trust.
The man attended the Hospital based in the Midlands following a fainting episode, and low blood pressure. A CT scan on admission revealed no intracranial pathology to account for his presentation and he was admitted for further investigations.
However, staff at the Trust failed to carry out the necessary blood pressure readings, and appropriate capacity and risk assessments, including falls risk and bed rails assessment. The following morning he was found collapsed on the floor with an evident injury to the head, with swelling and bleeding. A repeat CT scan confirmed an extensive bleed to the brain together with increased intracranial pressure. He required a lengthy period of rehabilitation.
Prior to the injury, the man was previously very fit for his age and had an active life-style running his home. He enjoyed walking and travelling, as well as being actively involved in the life of his children and grandchildren.
As a result of the fall he now has both physical and neurocognitive difficulties. He suffered a moderately severe brain injury which impacts his ability to process and retain information. He now has significant memory problems, his communication has been affected and he suffers terribly with fatigue, such that he requires 24 hour care. He lacks capacity, and a financial deputy has been appointed. His balance and gait also remain abnormal and he requires single storey accommodation.
Following an initial letter to the defendant Trust, they made a full admission of liability, accepting that it was liable for the fall and the brain injury.
Experts were instructed to assess the claimant and comment on his life expectancy and needs and requirements, so that the claim could be appropriately valued. Meanwhile, judgment was entered and interim payments obtained to support ongoing rehabilitation and therapeutic input, as well as the purchase of equipment and some interim adaptations to his property.
Negotiations in a round table meeting were not initially successful in achieving final resolution. The defendant Trust endeavoured to argue that the claimant retained capacity and played down his long term care needs, amongst other issues. However, the claimant's subsequent offer to settle for a lump sum of £1.7m was accepted by the defendant and then approved by the court.
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For further information about brain injury claims and NHS negligence claims, please call Jenny Urwin on 03304606776 or email jenny.urwin@fieldfisher.com.
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