THE TYPE OF CASE WE DO

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£25,000 following delay in treatment of spinal injury leading to death.

AR v Gloucestershire Hospitals NHS Foundation Trust (2008)

FACTS

Aged 76 Mr R fell down the stairs.

He was admitted to hospital and concerns were raised of possible neck fracture, however this diagnosis was excluded, Mr R was advised to remove his soft neck collar and was discharged.

Mr S was readmittted to hospital and underwent a weeks rehabilitation.  

Following further investigation a neck fracture was diagnosed.  

Mr S was investigated by MRI scan, after the examination he was paralysed.

Mr S died a month after his paralysis.  

BREACH OF DUTY

It was Mr S's case that there were numerous failings in his care and that proper care would have resulted in diagnosis of neck fracture and treatment significantly earlier.  Also that the way in which his MRI scan was undertaken was unacceptable leading directly to paralysis.

CAUSATION

The hospital accepted that proper investigation immediately following admission after his fall would have led to diagnosis of fracture and that with prompt surgery Mr S would have recovered with normal function.

OUTCOME

Compensation was agreed without trial at £25,000.

This sum represented £12,000 in respect of Mr S's pain and suffering before death, £4,000 for funeral expenses, £5,000 in respect of Mr S's daughter's depression having watched her father deteriorate, together with compensation for the care provided to Mr S and for cognitive treatment for Mr S's daughter.