THE TYPE OF CASE WE DO

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DELAY IN SURGERY, BRAIN DAMAGE

£475,000 following brain damage during surgery

T v Dr N (2002)

FACTS

In July 1997 aged 60 Mr T was seen by his private physician with a lump on his liver.

Mr T's lesion grew rapidly and he was referred for removal of his liver lump with a probably diagnosis of primary malignant tumour.

In December 1997 Mr T underwent removal of his presumed tumour. During operation Mr T suffered heart block and myocardial infarction leading to brain damage.

Mr T's lump was subsequently diagnosed as a pseudo tumour rather than malignant tumour.

BREACH OF DUTY

It was Mr T's case that there was an unacceptable delay between his presentation and eventual operation.

CAUSATION

It was Mr T's case that had he come to surgery sooner his lump would have been smaller and operation easier.

It was Mr T's case that his heart block was caused by air entering the venous system during surgery and that had his lump been smaller and the operation easier the complications would have been avoided.

OUTCOME

Three weeks before trial settlement was agreed at £475,000