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Clinical negligence

Seven figure settlement for a client who suffered a delay in diagnosis of a stroke leading to two further strokes

Juanita Cumberland, specialist clinical negligence lawyer, successfully achieved a seven figure settlement to compensate a claimant who suffered life changing injuries following the delay in diagnosis of a stroke by an NHS Trust.

One day the claimant’s wife noticed that the claimant was unsteady and had dropped things from his right hand.

The claimant was admitted to an NHS hospital for investigation. Doctors considered that the claimant might be suffering from a stroke. The next day he was prescribed Aspirin. Three days later doctors discontinued the claimant’s Aspirin medication. They did not believe the claimant was suffering from a stroke. They believed the claimant to be suffering from a neurological problem and the claimant was discharged home with follow-up planned. The claimant had actually suffered a stroke but this was not diagnosed at the time.

Two days later the claimant was re-admitted to the same NHS hospital. He was experiencing confusion. The claimant had suffered a second stroke but this was not diagnosed at the time.
The claimant’s condition deteriorated further. A few days later he suffered a third stroke.
Both the second and third strokes were serious. It was the claimant’s case that both these strokes would have been avoided had doctors continued to treat him with Aspirin medication and he had undergone an operation to the carotid artery.

Before the strokes the claimant was fully independent. He worked part time in his wife’s business. The claimant enjoyed walking and using the outdoor gym in the local park. He enjoyed taking his grandchildren to the park. He was interested in current affairs and regularly visited his local library to read the newspapers.

The strokes completely changed the claimant’s life. He lost his independence to go out and about on his own. He could no longer communicate with family and friends except in a very limited way. With the exception of a few activities the claimant was dependent on his family to care for him.

We started court proceedings. The hospital trust made various admissions including that there had been a failure to consider that the claimant was suffering from a stroke and that they should not have stopped his Aspirin medication. Otherwise, causation was denied.

At a settlement meeting, a few weeks before trial, the case settled.

Juanita Cumberland specialises in clinical negligence cases. If you would like to ask Juanita a question about a potential case or if you have any general query about any personal injury, contact her at Thomson Snell and Passmore on 01892 701380 in confidence. We offer no win no fee agreements on the vast majority of our clinical negligence and personal injury cases.

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