A hospital trust has paid a seven-figure damages settlement to a patient who suffered a stroke after undergoing surgery.
The compensation settlement was agreed after the Trust involved admitted a surgeon damaged an artery during a procedure which caused the patient to suffer a stroke.
The Trust denied any breach duty of care, saying the patient had been warned that due to the significant previous surgeries and treatment she had undergone, the operation was very complicated and came with a high possibility of not being successful, and possible bleeding and nerve damage.
However, lawyers acting for the woman said this was not enough, and claimed she should also have been specifically forewarned of the possibility of suffering a stroke too.
As part of a legal case pursued against the Trust, Hudgell Solicitors said that had the patient been warned there was any chance of suffering a stroke, she would have opted not to undergo the procedure.
They also alleged the surgery should have been aborted once the damage to the artery had occurred, and the patient given antithrombotic medication to reduce risk of a stroke occurring.
Despite making no admissions over liability, and denying it had a duty to warn the patient a stroke was a possible outcome, the Trust agreed to a seven-figure compensation settlement, rather than having the case ruled upon by a judge in court.
Arrange a call back
‘My life has been ruined’
The woman, who does not wish to be named, underwent the surgery in 2018 and said:
I feel so angry when I think about it. At the consultation with my surgeon I explained to him that my family were my priority and that I didn’t want to undergo any procedures which could impact on them.
He explained that the procedure carried risks of bleeding and infection, and that there was a risk of some nerve damage too, like most surgery, but he did not warn me of the increased risk of stroke. He certainly didn’t explain that anything very bad could happen.
If he had made any mention about a stroke or any other bad risk I would not have had the operation, I can say this 100%. I would not have put my children in a position where they may be left without their mother. My husband would not have let me do it either.
Following the stroke the woman suffered repeated seizures, which resulted in her having her driving licence revoked. She had to quit work and claim benefits, needing a carer two days of the week to help her at home. She said:
My life has been ruined by the stroke. Everything is now a struggle.
I am unsteady on my feet, have weakness down one side and can only use one hand. I struggle with my memory and concentration. My speech is ok but slow, as I often struggle to find the right words.
I get depressed sometimes because I feel useless. My life is so limited compared to how I was, and my family now have to look after me.
‘Lack of informed consent’ is a key part of a claim
Solicitor Chris Moore, joint national head of Clinical Negligence at Hudgell Solicitors, says the case was multi-faceted, but with a particular focus on the lack of consent and understanding for his client, saying she should have been specifically warned about the ‘potentially life-changing’ risks of the procedure.
This case was largely focussed around the level of consent and understanding for our client in terms of the procedure she was undergoing, and the potentially life-changing risk of suffering a stroke, which unfortunately she did suffer after the procedure.
Doctors and surgeons must ensure patients have been fully informed of any potential risks and any alternative treatment options before carrying out any medical treatment. If this is not the case then the patient is denied the opportunity of making a fully informed choice about the treatment they receive.
Whilst the surgery my client underwent was aimed at providing her with a better quality of life, it was not a life-or-death matter. Had she been warned that she could suffer a stroke as she did, and that she was at in increased risk of stroke because of her previous medical history, she would not have gone ahead with the surgery.
The Trust denied all allegations throughout the case, but thankfully, in light of the evidence we were able to gather from independent medical experts, who were of the opinion that this procedure always carried the danger of a stroke given my client’s situation, we were able to build a strong legal case, and they did agree to this substantial out-of-court settlement.
This will be a huge help to our client and her family in helping compensate for her injury, the financial impact on her family and the future care and treatment she needs.
