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Damages awarded to family after fatal failure to operate on brain bleed

The Claimant’s husband, J suffered a head injury following an assault and was taken to the First Defendant’s hospital, where he was inadequately assessed and discharged in a wheelchair to the care of his wife, despite being drowsy and unresponsive. He was readmitted the following evening, having failed to recover and a CT scan was taken the following morning, which showed a significant bleed to the brain. The First Defendant sought the opinion of Second Defendant’s neurosurgical team, who advised that the bleed was a small one and not for surgical intervention. J remained largely untreated in hospital over the course of the day. He was given morphine which prevented an accurate neurological assessment being undertaken. On the third post-accident day J suffered a further, catastrophic bleed, after which he was confirmed brain dead.

Expert evidence from a Consultant Neurosurgeon found that the advice provided by the Second Defendant was incorrect in that, although the first bleed was significant, it was stable and surgery would have been the best course. But for the negligence, on the balance of probabilities J would have lived, albeit with some minor left-sided weakness.

A claim was advanced on behalf of the Claimant and her two children (one of whom has special educational needs and epilepsy). Claims for the two children had already been successfully made to the Criminal Injuries Compensation Authority, which complicated issues but we were able to advise the Claimant on those and resolve them. Unusually, there was no loss of services claim since the deceased had given up his job some years previously to become a full-time carer for his son and wife, who has a long-term back problem. The Claimants were awarded damages of £175,000 in total.