Brian, 70

Brian was left severely physically disabled and in need of 24-hour care in a nursing home after an out of hours GP failed to recognise the signs of a ministroke. As a result, Brian did not receive any treatment and went on to have a full stroke, leading him to suffer permanent brain damage. Absolutely nothing could fully compensate Brian for the catastrophic impact on his life, but JMW’s Melissa Gardner, a partner specialising in brain injuries due to medical negligence, was able to secure £3 million to cover the cost of Brian’s life-long care. 

What went wrong?

Brian was in the stroke high risk category due a range of pre-existing health conditions that he lived with, which included diabetes. He was on various forms of medication, including a regular prescription for high blood pressure, which had been recently increased. 

When Brian felt very light-headed one day, coupled with a pins and needles sensation in his left arm that lasted for 20 minutes, he called NHS 111. Brian was put through to a doctor who correctly suspected that his symptoms could be a sign of a mini-stroke, and/or a problem with his heart. The doctor said he should be seen in person, and he was given an appointment at the out-of-hours GP service for only a short time later.

Unfortunately, the out of hours GP who saw Brian incorrectly put his symptoms down to hypoglycaemia related to his diabetes, which is where blood sugars drop to a low level. The doctor advised Brian to see his own GP for a review of his diabetes treatment but to return, or attend A&E, if the pins and needles came back. 

Four days later, not long after he had started work, Brian collapsed. The pins and needles had returned, his left leg was weak, and his speech was slurred. Brian was taken to hospital by ambulance, was referred immediately to the stroke team and a CT scan carried out. Brian was told he had suffered a stroke and was started on medication that included aspirin. After assessment, Brian was deemed medically fit to be discharged home the next day. 

However, the night of his discharge, Brian deteriorated. The following morning he called NHS 111 again and an ambulance arrived at 9am. Hospital doctors found that Brian had lost power in his arms and legs, was experiencing very slurred speech and difficulty swallowing. They diagnosed a further stroke and an MRI scan of Brian’s brain showed damage.

Brian stayed in hospital for a week, before being transferred to a specialist hospital for rehabilitation. However, he made a poor recovery and was left with severe disabilities. Brian is unable to walk, has to be hoisted into and out of bed and is doubly incontinent. He became very socially isolated as a result and his poor recovery means that his life expectancy is reduced. 

Compensation awarded 

Brian and his partner were concerned about the treatment he had received and felt that if something had been done sooner, when he first experienced a mini stroke, he wouldn’t have made such a poor recovery.

After contacting JMW for advice, Brian’s case was taken on by Melissa Gardner, a partner specialising in stroke cases who has secured compensation for several patients left severely debilitated by stroke failures in case. Brian was provided with a ‘no win, no fee’ agreement so that he did not have to worry about how he would pay for legal costs. 

Melissa requested Brian’s medical records and asked leading independent stroke experts to provide their view on what had happened. The experts agreed that if the correct diagnosis had been made by the out of hours GP Brian saw when he first experienced the symptoms of a mini stroke, the further strokes, and the damage to Brian’s brain would have been avoided.

Due to the weight of the evidence, Melissa was able to build a strong case against the hospital trust responsible for the negligent out of hours GP. This led to the trust making a full admission that mistakes were made and that it should compensate Brian. Melissa then began negotiations about the cost of he specialist 24-hour care Brian needed and the financial security he required given he could no longer work. His case eventually settled for a total of £3 million, which has gone some way to helping Brian to cope with the severe impact of the negligence on his health. Brian now lives in a specialist care home where he can access the right support.