Young Woman Wins Compensation for Surgery Error

A young woman who received negligent care as a child, whilst undergoing treatment at Great Ormond Street Hospital, has won a £500,000 lump sum and £23,000 a year for life in compensation for the brain damage she suffered as a result.
 
It was discovered that she had a heart defect when she was only three months old. The condition, called a ‘Tetralogy of Fallot’ required that she undergo surgery. Whilst this was in progress, a mistake was made during cardiopulmonary bypass, whereby a machine takes over the function of the heart and lungs. The part of the machine designed to send air into her lungs was actually sending air into her heart. Consequently she suffered brain damage because of the lack of oxygen to her brain.
 
A claim was brought against the hospital trust and in 1996 it admitted liability for the accident. It was not at that stage clear, however, what would be the extent of the brain damage as she was only six years old at that time. An offer was made to settle the case for £40,000 as her long-term disability was not considered to be too serious.
 
Over time, however, it became clear that she had a number of problems resulting from the damage to her brain. She was diagnosed with dysexecutive syndrome, which is characterised by problems with decision-making. This means she finds it difficult to make effective plans or deal with new situations. It has left her emotionally and socially vulnerable.
 
When the young woman’s problems became obvious, a further offer of £100,000 was made by the hospital trust, but this was also rejected as not being sufficient compensation for her injuries.
 
Finally, shortly before the case was due to come to court, a £500,000 lump sum was accepted plus a periodic payment of £23,000 a year for the rest of the woman’s life.
 
If you have suffered a personal injury, we can assist you to negotiate a settlement that fully compensates you for the damage you have suffered.
 
 
 
 
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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