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  • Overview

    Jonathan Herbert, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) Offices, has secured an undisclosed six figure sum for a patient after the hospital failed to act properly in the early stages of a stroke.

    The claimant was a 54 year old man who was taken to St Mary’s Hospital on the Isle of Wight by ambulance in 2009. The paramedics had noted that he was having a cerebro-vascular event (stroke) whilst transporting him and the same was again recorded when he arrived at A&E at 11:26am.

    The claimant was seen by a doctor who confirmed the diagnosis of a transient ischaemic attack or stroke and he was referred to the medical team. His initial management plan records had been ticked to say that he required a CT scan but the hospital had failed to tick that he should be given 300mg aspirin.

    The decision was taken to check the results of the CT scan before deciding on treatment, but that he should be started on aspirin in the meantime. A prescription was made for 75mg of aspirin at 17:30pm and the records stated that this was given at 10:30pm. The claimant denied that this medication was ever given.

    The prescription charts noted that the claimant was nil by mouth, despite having been assessed as being able to eat and drink at 16:30pm. Despite this no blood thinning medication (aspirin) was given to the claimant, orally or intravenously.

    The claimant’s stroke developed further resulting in left hemiparesis, significant pain and depression. He remained in hospital for four months but was left with mobility limitations, such as limited walking capacity and limitation of use of his left arm.

    The records suggested that the claimant’s stroke had first become symptomatic at 9pm the night before the claimant went to hospital. Under the NICE guidelines (2008) the hospital had 24 hours in which to embark on treatment to prevent further strokes and damage but failed to do so.

    This was a highly complicated case in many respects but fortunately for the claimant we were able to negotiate an undisclosed six figure sum to compensate him for his pain and suffering and to enable him to plan for the future.

    Jonathan Herbert specialises in stroke and cardiovascular cases. If you would like to ask Jonathan a question about a potential case, or if you have a general query about any clinical negligence, contact Jonathan on 01892 701226 in confidence.

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Jargon Buster