£150,000 Compensation for Avoidable Hospital Death

Author:
Dino Enahoro
Senior Medical Negligence Solicitor
Date:
10/07/2020

A Medical Negligence Claim Case Study – Client Situation

Anthony Kearns contacted our Medical Negligence Solicitors following the death of his wife of more than 30 years in hospital.

Our client’s wife, Tina, had been in relatively good health, but had to undergo 2 separate hip replacement operations in 2010. She was unable to return to her job in a residential care home following the procedures, due to the physical nature of her work, but remained mobile and would often use a walking stick to get around.

In 2015, she again required hospital treatment, but she sadly did not survive. Bolton Hospitals NHS Foundation Trust subsequently admitted that with appropriate treatment, she would have survived.

After preparing the case, Medical Negligence Solicitor Dino Enahoro approached Bolton Hospitals Healthcare NHS Trust, citing a list of hospital negligence failings with her treatment. This included failing to:

  • Identify that Mrs Kearns symptoms were due to ischaemic heart disease
  • Adequately keep Mrs Kearns in for observation and treatment until ischaemic heart disease was either excluded or diagnosed
  • Keep Mrs Kearns in hospital for a troponin test
  • Refer Mrs Kearns to a cardiology unit for specialist review and treatment
  • Provide a reasonable standard of care to Mrs Kearns.

How We Helped

With the admission of liability (fault) from the defendant, Dino focused on ensuring the compensation was valued correctly and accurately reflected our client’s circumstances.

For instance, they have 8 children between them and 28 grandchildren. His late wife used to look after some of the grandchildren regularly, depending on the shifts their parents were working.

The compensation settlement also had to reflect the impact that Mrs Kearns’ death had on their long-term retirement plan. They had been relying on rental properties to generate retirement income, but following the death of his wife, Mr Kearns struggled to keep on top of all the work this involves by himself.

He therefore decided he would have to sell some of these properties, whereas the plan had originally been to keep them until he retired at the age of 65, sell them and use any profits for their retirement.

However, selling them now will cost him money in legal fees, plus tax, while he is investing in home improvements before putting them on the market. As a result, he doesn’t expect to make much profit on the sales.

Our valuation of his compensation settlement also considered the impact of the loss of his wife in the household. Mrs Kearns had been responsible for jobs such as washing, cooking and cleaning, whereas Mr Kearns concentrated on carrying out general maintenance, such as small plumbing and electrical jobs. He now has to try and manage all these tasks by himself.

The Outcome

Bolton Hospitals NHS Foundation Trust agreed to pay our client £150,000 in compensation.

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