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Life-changing settlement for a life-altering brain injury Carrie Burrows, senior associate
Drummond Miller Solicitors has recently secured a multimillion pound settlement for a client on behalf of their partner after a hospital’s failure to diagnose potassium deficiency caused her to suffer a cardiac arrest, resulting in a life-altering brain injury for which she now requires extensive life-long support.
Background The client’s wife was admitted to hospital with a fast pulse, neck stiffness, and a raised temperature. The initial assessment carried out upon her admission showed her to be suffering from dangerously low potassium levels and metabolic alkalosis (elevated PH levels). Her heart’s rhythm was also noted to be irregular. However, the treating staff either failed to review the results obtained or failed to note their importance. As a result, treatment of these issues was not included within the care plan, and the treatment that was provided was inappropriate in light of a pre-existing health condition. Overnight and as a result of the client’s wife’s issues being left untreated, she suffered cardiac arrest. The cardiac arrest resulted in her brain not being supplied with enough oxygen, causing an irreversible brain injury.
Impact of the brain injury and issues between the parties Carrie Burrows, a senior associate with a number of years of specialist experience handling clinical negligence claims, recognised from the outset that the failures had resulted in life changing injuries and that significant further investigations would be required into not only
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only the potential negligence, but also in relation to the ongoing effects for the client’s wife and what care and support she would need long term. Despite receiving rehabilitation, the client’s wife was incapable of coherent speech, required assistance with eating and drinking, was fully dependent on assistance to dress, suffered with incontinence issues, and required an attendant-propelled wheelchair to mobilise. As a result of her complex issues, she required care and assistance 24 hours a day 365 days of the year. Following discharge from inpatient rehabilitation, the client made the decision to become his wife’s carer full time at home to avoid her admission to a care home following her discharge. Despite the need for full time care, only 4 hours of care assistance wasbeing provided weekly, with support otherwise being provided by the family. The hours of care required, together with the lack of economic support and income left the client and his wife in an extremely difficult financial situation. Focussed investigations and a proactive approach resulted in the earliest possible admission of liability being obtained from the Health Board. This then allowed an interim payment (an initial payment whilst the case progressed) to be secured in order that a care package could be put in place providing the family with the support that they