Our medical negligence solicitors helped David* claim compensation to fund the therapy, rehabilitation, and support he needs after a life-changing brain injury.
What happened to David?
David attended an NHS walk-in centre walk-in centre. He told the nurse that he had a “burning feeling to his chest”. David had also experienced aching limbs and headaches.
The nurse diagnosed David with gastritis (a condition where the stomach lining becomes inflamed or irritated), exacerbated by anxiety. No ECG was done on David, and he was sent home without any follow-up arranged.
David returned to work, and while working he went into cardiac arrest at his desk. He received CPR that made sure some blood returned to the brain and prevented a complete loss of blood to the brain. However, it wasn’t enough to avoid a catastrophic brain injury.
How has this impacted David’s life?
The cardiac arrest has left David with cognitive impairments. This includes a severe amnestic syndrome (structural or chemical damage) and impaired executive function.
David’s brain injury also resulted in personality and behavioural disorders. The injury severely impairs his memory.
David can no longer manage his own financial or legal affairs and will need 24/7 support for the rest of his life. He plans to move, with his brother into a larger, more suitable house.
How did Irwin Mitchell help David?
David and his brother came to our lawyers a few weeks after the incident to claim compensation and get support for the negligent treatment.
Lauren Hurney, a Partner in our London medical negligence team, worked with David. Lauren started by gathering evidence using an expert neurologist, who helped her identify who was at fault for David’s injuries.
We used other experts to assess David’s future care needs to help us put a value on his claim. Lauren got expert opinions from a:
- Neuropsychologist
- Psychiatrist
- Care specialist
- Accommodation specialist,
- Cardiologist
- Occupational therapist
- Court of Protection specialist.
Lauren took David’s claim to the NHS Trust, but an agreement couldn’t be reached at a Joint Settlement Meeting. With a court date set, we reached an out-of-court settlement with the Trust for £2,800,000 with periodical payments of £200,000.
The Trust admitted that the symptoms David displayed were symptoms of Acute Coronary Syndrome (ACS). ACS is a time-critical illness that needs to be identified quickly to prevent serious issues. The nurse who saw David should’ve made an emergency referral to the hospital for him to be checked.
David accepted this settlement because it’ll help him access the therapies and care support he needs. It’ll also fund his ongoing rehabilitation.
David also plans to use the compensation to find suitable housing and make any adaptations he needs. He's looking forward to getting some structure back in his life now his claim's settled.
Expert opinion
On David’s case, Lauren said: “The negligence David experienced has changed his life forever. He’ll need ongoing support and therapy to help him live his life comfortably.
“No money will make up for what’s happened to David, but it’ll help him pay for the things he needs and make the most of his life.”
*Client’s name has been changed.
Back to Client Stories
