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£1,250,000 settlement for negligent neurosurgery

£1,250,000 settlement for negligent neurosurgery

Neil Crossley, Head of Clinical Negligence at our Bolton office, settled a case for a claimant who had sustained injury due to negligent brain surgery.

Background

The claimant, underwent neurosurgery to treat trigeminal neuralgia in January 2013. The surgery concerned was a decompression operation on her right trigeminal nerve, although prior to this she had been treated with glycerol injections to her right trigeminal nerve.

During the operation, the claimant suffered a stroke, severe haemorrhaging and swelling in her cerebellum and direct injury to the trigeminal nerve and oculomotor and facial nerves. The injury caused severe and permanent symptoms, including extensive loss of motor function; facial palsy; and vision, speech and hearing impairments such that her quality of life was severely impacted by her condition.

Investigation

An action was brought against the hospital trust alleging that the consultant neurosurgeon was negligent both prior to and during the operation.

It was alleged that the neurosurgeon was negligent in (i) failing to advise her that there was an increased risk of adhesions following the glycerol injections she had previously received; (ii) failing to advise her as to the benefits of other alternative treatments; (iii) failing to advise her that the proposed microvascular decompression surgery might need to be stopped if adhesions were encountered because of the danger and high probability that continuing the surgery would lead to her suffering a stroke; (iv) failing to stop during surgery upon encountering dense adhesions.

Settlement

The Claimant’s abilities to work and carry out her activities of daily living were affected by the severe brain injury sustained during and as a result of the operation.

A settlement of £1,250,000 was achieved for pain and suffering and loss of amenity; past and future loss of earnings; future housing and household expenses; and past and future care, equipment and rehabilitation.

Have you or a member of your family suffered a brain injury due to a medical mistake?

A brain injury can be catastrophic for both the affected person and their family. Depending on the severity of the condition, life after the injury may never be the same. The physical and mental impact on both the injured party and their loved ones can be significant, and not only that, there can be serious financial implications too, especially where the costs of lifelong care; equipment costs; and treatment are to be taken into account.

If you or a loved one has sustained a brain injury due to medical or clinical negligence, then you could be entitled to make a brain injury compensation claim. Here at Been Let Down, our specialist solicitors have settled many medical negligence compensation claims for those who have suffered an avoidable brain injury.

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