The claimant, a 44-year-old man, received £275,000 for the death of his wife from a pulmonary embolism in February 2003 following a hospital’s delay in diagnosing her condition. The claimant and his four children suffered a loss of income dependency, love and affection.
Claimant: Male: 40 years old at date of accident; 44 years old at date of settlement. The claimant (W) was the widower of X. X died in February 2003 aged 45.
Clinical Negligence: In January 2003, X was admitted to the hospital of the defendant trust (D) with a history of shortness of breath on exertion. She had experienced two episodes of dizziness and loss of consciousness. A specialist registrar noted that X had a significantly elevated jugular venous pressure, abnormal ECG and tachycardia but no specific diagnosis was reached and X was treated for anaemia. Over the next three days X’s condition deteriorated until she was acutely unwell and then a diagnosis of pulmonary embolus was made. Clot-busting medication was administered but she died before the treatment could take effect. W brought an action in his own right and on behalf of the dependants under the Fatal Accidents Act 1976 and on behalf of the estate under the Law Reform (Miscellaneous Provisions) Act 1934 alleging that D was negligent in failing to (i) consider a diagnosis of pulmonary embolism when X was admitted; and (ii) arrange an urgent CT pulmonary angiogram to confirm the diagnosis. It was maintained that, had the diagnosis been made shortly after X’s admission, she would have been treated with Heparin and not died; alternatively, a pulmonary thromboembolectomy could have been carried out and her death could have been prevented.
Liability admitted.
Injuries: X died as a result of a pulmonary embolism.
Effects: W was left without a wife and his four children were left without a mother. W and his children suffered a loss of income dependency and services, and love and affection as a result of X’s death.
Out of Court Settlement (Approved): £275,000 total damages.
Background to damages: The settlement provided for W to receive the majority of the compensation and for the children to receive equal lump sums. The award also included sums for bereavement, funeral expenses, loss of income dependency, loss of pension and loss of services such as housework, childcare and DIY.
Breakdown of General Damages: Pain, suffering and loss of amenity: £2,000.
Roderick Noble instructed by Henmans LLP (Oxford) for the claimant. Beachcroft for the defendant.
Document No. AM0201104. Reproduced by kind permission of Lawtel (www.lawtel.com)