Family awarded compensation after boy’s brain damage

October 23rd, 2009

Family awarded compensation after boys brain damage

A family from St Annes in Lancashire has been awarded compensation after hospital blunders left a little boy severely disabled.

Lynn Heap was admitted to Blackpool Victoria Hospital to give birth to Jack, but complications arose and the baby was starved of oxygen, the Blackpool Gazette reports.

He was left brain damaged and is now reliant on his family and care professionals.

The trust responsible for Blackpool Victoria Hospital admitted liability, but the family has had to fight for nine years in order to gain compensation.

This week at London’s High Court, Lynn and Richard Heap were awarded remuneration that could amount to £6 million.

Mr Heap commented: "This money will allow us to secure his future and give him the best life we possibly can."

Compensation for brain injuries will usually need to be more substantial than for other conditions, as it must cover the care of the patient for the rest of their life. It is usually paid in index-linked, yearly installments.

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Lancashire women consider compensation claims after cancer blunder

September 18th, 2009

Lancashire women consider compensation claims after cancer blunder

A group of women in Lancashire are said to be considering legal action after errors by a doctor led to them mistakenly being given the all-clear for breast cancer.

One radiologist at Accrington Victoria Hospital failed to spot a number of tumours and staff became concerned about previous test results.

They recalled 85 patients from the past three years and discovered that 14 had invasive breast cancer.

It is not clear if the blunders will affect the womens’ chances of survival, but they are all now undergoing treatment.

East Lancashire NHS Trust representative Rineke Schram commented: "I would like to apologise for any distress and anxiety caused."

The 14 woman affected are considering making compensation claims, the Daily Mail attests.

Anyone who has endured pain and suffering as the result of a cancer misdiagnosis may be entitled to claim compensation and should seek the advice of a solicitor specialising in clinical negligence claims.

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Couple sue NHS for ‘wrongful birth’

April 30th, 2009

Couple sue NHS for wrongful birth

A couple are suing the NHS for failing to pick up their son’s physical abnormalities in the womb and therefore robbing them of their chances to have an abortion.

The parents, who cannot be named for legal reasons, had a 20-week abnormality scan at Blackpool Victoria Hospital, but claim that the sonographer performed in too light-hearted a manner and did not properly look for problems.

The child was born with severe mental and physical disabilities, but the couple claim that had they found out about this at the scan beforehand, they would have aborted the foetus, the Daily Mail reports.

As a result, they are suing Blackpool, Fylde and Wyre Hospitals NHS Trust for the ‘wrongful birth’ of their son, now 14, in the hope of being awarded a payout for his long-term care.

The trust denies liability and a hearing into the case is continuing.

According to BabyCentre.co.uk, about half of all major abnormalities will be seen on the 20-week scan. If a problem is found or suspected, an appointment will be made with a foetal medical specialist and options such as abortion or operations in the womb will be discussed.
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Woman receives compensation for toe amputation

February 23rd, 2009

Woman receives compensation for toe amputation

A woman who had her toe amputated without having given her consent has won compensation from an NHS trust.

Brenda Newton, 62, went into Blackpool Victoria Hospital for a routine operation to correct a bunion, the Blackpool Gazette reports.

However, the surgeon changed the procedure to an amputation of the first toe on her left foot after she had gone under anaesthetic.

As a result, she is now unable to walk without crutches and she cannot move the other toes on her left foot.

"It was supposed to be just a simple operation and it has ruined my life. I’m in pain 24 hours a day," Ms Newton commented.

She sued Blackpool, Fylde and Wyre Hospitals NHS Foundation Trust, which has now agreed to an out-of-court settlement of £20,000. A spokesperson for the trust said it could not comment on the case.

In order for a clinical negligence claim to be successful, a solicitor must establish that the surgeon breached a duty of care agreement between him or her and the patient.

Anyone who is unsure about a particular incident should seek legal advice.


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High court payout for boy injured at birth

November 14th, 2008

High court payout for boy injured at birth

A child who suffers from cerebral palsy as a result of his birth has been awarded a substantial sum of compensation at London’s high court.

Robert Feeney, now eight, was delivered at Blackpool Victoria Hospital in 2000, but became trapped during the delivery, the Blackpool Gazette reports.

He now suffers "problems at just about every level", including communication and mobility.

In a new development, the hospital has agreed to settle his claim for compensation after admitting 50 per cent liability for his injuries.

Robert will now be paid a lump sum of £1 million, as well as £40,000 a year until he is 19, then £78,000 a year for life after that.

A spokesperson for the hospital trust said: "The case has now been settled. The trust wishes Robert and his family all the very best for the future."

Compensation for brain damage is usually more substantial than that for other injuries since it must cover care for the remainder of the person’s life in most circumstances.

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