Boyes Turner’s medical negligence claims lawyers have secured a £2.5 million compensation settlement for the family of a woman who died after GP surgery and hospital staff failed to diagnose and treat her pneumonia.
The settlement was reached with the hospital trust during a mediation and takes into account the loss of the mother’s care for her now orphaned two young children, one of whom has cerebral palsy and lacked capacity to manage her own property and financial affairs.
We had already secured an admission of liability (accepting responsibility) from the hospital trust at an earlier stage of the claim. This allowed us to issue court proceedings and immediately obtain judgment against the trust. As the judgment meant that we could recover full compensation for the family from the trust, we did not need to pursue the disputed claim against the GP surgery.
You can read more about the treatment our client received, and how we secured an admission of liability, a court judgment and an apology for the family on our website.
Claiming compensation for the children’s loss of their mother
The deceased’s two young children were cared for by their father after their mother’s death, until his own death soon afterwards. The deceased’s parents (the children’s maternal grandparents) have looked after the children since the loss of both their parents. They need additional help and support to raise the children, and to manage the needs of the child with cerebral palsy. Longer term, when the grandparents are no longer able to care for the children, care will be provided by other family members, supported by professional care and case management.
We secured interim (advance) payments totalling £100,000 to help meet the family’s urgent needs whilst the claim was ongoing.
We helped the grandparents take over the claim, which included the costs of replacing the mother’s ‘services’ (such as care of the children) to the family. As the basis for the claim arose from the mother’s death, we were able to claim the costs of replacement care by the family at commercial rates, but only for as long into the future as the mother would have lived if she had received acceptable treatment for her pneumonia. Our respiratory physician expert believed that with correct hospital treatment, she would have recovered from the pneumonia and would probably have lived for a further 27 years.
The claim also included compensation for the deceased’s avoidable pain and suffering leading up to her death, compensation for the deceased’s young adult son, and sums for the extra cost to the family of suitable accommodation. The settlement was notable for including provision for the future management of damages awarded to a dependant child who lacked capacity. At the time, there was no reported authority confirming that the costs associated with deputyship and the management of a substantial award could be recovered in a Fatal Accidents Act claim. Recognising the practical reality that compensation would be of little value without appropriate safeguards and professional management, we advanced and successfully negotiated this head of loss notwithstanding the absence of supporting precedent. Subsequent case law has since recognised the recoverability of deputyship costs for protected beneficiaries, demonstrating that the approach taken in this case was ahead of its time and anticipated the direction in which the law would later develop (Burgess v Sikorski & Anor).
The children’s compensation is protected by Court of Protection deputyship. The £2.5 million settlement has been approved by the court and their privacy is protected by an anonymity order.
If you have suffered severe injury, disability, or the loss of a partner or parent as a result of medical negligence, or if you have been contacted by HSIB/HSSIB/CQC or NHS Resolution, you can talk to a solicitor, free and confidentially, for advice about making a claim by contacting us.
