Settlement Is Approved by Court After Family Instructs Specialist Lawyers At Irwin Mitchell

A dad has received a seven figure settlement after a hospital’s failure to diagnose a blocked airway caused by a severe throat infection left him permanently brain damaged.

Doctors at Frimley Hospital failed to notice the blockage on an X-ray and discharged him home, where he later stopped breathing and suffered a cardiac arrest. During this emergency his brain was starved of oxygen, causing severe brain damage.

The man, who is in his 30s, has been left permanently disabled and suffers from a range of disabilities including speech and mobility problems as well as blindness.

Following the incident which happened in 2013, the man’s family instructed expert medical negligence lawyers at Irwin Mitchell to investigate the level of care the man received at the hands of Frimley Health NHS Foundation Trust.

Now at an approval hearing today in the High Court the NHS Trust has agreed to a seven figure settlement following its admission of liability two years ago.

The money will allow the father-of-one, who cannot be named for legal reasons, to live in a specially adapted home as well as fund the 24 hour care he requires for the rest of his life and the equipment and therapies needed to improve his condition.

Ania Bean, specialist medical negligence lawyer at Irwin Mitchell’s London office, represented the family.

Expert Opinion

Our client’s wife raised a number of very serious concerns over the level of care her husband received from the hospital Trust, leading to such a serious and devastating injury. We investigated the management that he received at the Trust, and secured a full admission of liability in 2015.

“It is important that the Trust learns lessons from this so no other families have to experience the pain that this family has to endure.

“The injuries our client suffered because of the negligence mean that life for this family will never be the same again. Nothing can change what happened but the settlement will now allow our client to live his life as independently as he possibly can.” Ania Bean - Senior Associate

The man had visited hospital complaining of severe sore throat. A neck X-ray was taken but medical staff reported it, incorrectly, as normal.  He then suffered respiratory and cardiac arrest. 

Following the incident the man spent a very long period of time in hospitals and rehabilitation units.  Earlier this year he moved into rented accommodation with his care team.

Read more about Irwin Mitchell's expertise in handling medical negligence cases.