Post-operative brain damage claim settled

Posted: 5th November 2012

A mother whose heart stopped a fortnight after having her gall bladder removed at an NHS hospital has won six-figure compensation from the NHS. The woman, aged in her 40s, had suffered from multiple gallstones along with a number of other medical complaints and went into the hospital for surgery in September 2002.

Hospital signHer lawyers did not criticise the surgery itself, but claimed that post-operative care given to the woman was sub-standard. Post-surgery complication were said to have caused bile to leak into her system, resulting in acute pain, sepsis and, ultimately, a catastrophic cardiac arrest. She suffered serious brain damage and has ever since required daily support and care from her devoted family so that she can cope with the demands of everyday life.

Through her daughter, the woman sued the Plymouth Hospitals NHS Trust which agreed to a final settlement of her claim without any admission of liability. As well as a £107,000 lump sum, the woman will receive annual, index-linked and tax-free payments of £20,000 for the rest of her life to cover the costs of her care.