18 February 2013
Man wins £1m clinical negligence damages
Clinical negligence compensation totalling £1 million has been awarded to a man who sustained a brain injury due to errors made during a dental procedure.
According to the News & Star, the unnamed claimant - who was just six years old at the time - was put under general anaesthetic while undergoing treatment to have a tooth removed at the Ann Burrow Thomas Health Centre in Workington in 1997.
However, the patient - now aged 22 - suffered a serious adverse reaction to the medication, which caused his heart to temporarily stop beating.
This resulted in his brain being starved of oxygen, meaning he has been left with permanent injuries that have severely impaired his intellectual ability - a mental issue that has become increasingly apparent as he has got older.
Carlisle County Court heard that a psychological assessment of the man carried out by Dr Eric Ghadiali in 2009 established that the claimant suffers with mild learning difficulties and severe behavioural problems.
This resulted in him being excluded from school and he also has a criminal record including offences such as arson and burglary.
"He has never worked. He has been on incapacity benefit since the age of 16." Dr Ghadiali's report noted.
It is thought that the man will struggle with learning difficulties for the rest of his life and his psychological profile indicated it is unlikely he will ever be able to get a job.
North Cumbria Acute Hospitals NHS Trust admitted there had been a delay in resuscitating the claimant after his heart stopped beating after his legal writ insisted the anaesthetic used in the procedure had been "administered negligently".
Although a compensation deal could not initially be agreed, the parties have now come to an out-of-court settlement.
A spokeswoman for the NHS body commented: "The trust is happy that this complicated case has reached a conclusion."
Contact our clinical negligence solicitors on 0800 916 9049 or email email@example.com if you would like advice on any medical negligence matter
Posted by Trusha Vyas
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