Clinical negligence can cause enormous heartache, and cost the NHS 807 pounds million alone last year.

Perhaps the most devastating form of clinical negligence is that which results brain injury. The effects of brain injury can disrupt lives, causing irreversible personality changes in victims, rendering them unable to function without assistance in everyday life.

Sometimes, brain injury and subsequent clinical negligence can result in the tragic loss of life. Thankfully, this is rare, and victims’ relatives can often successfully claim huge damages which can at least ease some of the potential financial burden that may be left behind.

This is what happened in the case of Mr. Stevens, who tragically lost his life last year.

Mr. Stevens, the main breadwinner of the family, was cooking a meal for his wife and two children, who were relaxing in the garden on a summer’s evening. He had just finished a glass of wine and was on his way outside to ask his wife if she would like a refill when he slipped on the concrete floor of his conservatory and hit his head hard.

He wasn’t sure if he had lost consciousness, but he felt dazed and his head hurt. His wife heard the commotion and found him rubbing his head, looking a little pale. After a minute or so, he said he felt fine and continued making dinner. He had a further glass of wine with his meal but couldn’t finish the food, saying he felt ill and that his head hurt again. He then vomited and lost consciousness.

His wife drove him straight to hospital where a doctor asked what had happened. Smelling wine on Mr. Stevens’ breath, and listening to the recalled chain of events, the doctor concluded that Mr. Stevens was drunk and had suffered mild concussion and he went home to bed with no treatment.

Tragically, when Mrs. Stevens woke in the morning, she realized her husband was dead. A flowing post mortem revealed that he had suffered a brain haemorrhage.
Mrs. Stevens consulted a solicitor, who advised that she may be entitled to compensation.

The hospital’s expert argued that the doctor involved had in fact assessed Mr. Stevens in the right way, and that the brain haemorrhage had occurred later than the hospital visit so could not have been diagnosed. Mrs. Brown’s expert argued the opposite; the haemorrhage had already occurred and the doctor was negligent.

Many brain injury cases are settled out of court, but this case went to the high court in London. Many expert witness brain injury experts gave opinions and evidence, and the court awarded almost 1 million pounds in compensation to Mrs. Stevens, an amount comprising a calculation of future earnings, damages for clinical negligence, and the loss of a father and husband to a family.

Thankfully, this kind of negligence is rare, but it’s important to seek good legal advice with a solicitor practice specialising in clinical negligence should you suspect it has taken place. It’s important that these kinds of errors do not go unchallenged through ignorance. Thankfully, people are now much more aware that they can challenge the medical profession, as subsequent compensation awarded is important in helping to rebuild the lives of those affected.

Dominic Donaldson is an expert in clinical negligence.
Find out more about brain injury and how to find out if clinical negligence is to blame.