Negligent Care Compensation Claim

Maime Roberts V Queen Elizabeth Nhs Trust (2004)

The claimant, a 76-year-old woman, received £300,000 for the cardiac embolus she suffered whilst in the care of the defendant in February 2000. The claimant suffered from physical and cognitive impairment and reduced life-expectancy.

Claimant: Female: 72 years old at date of accident; 76 years old at date of settlement.

Clinical Negligence: In the 1990s, the claimant was diagnosed with a trial fibrillation and was fitted with a pacemaker. She also had a history of acute arterial emboli and was prescribed long-term warfarin medication for her condition. In October 1999, the claimant's care was transferred to the anticoagulation clinic at the defendant's hospital, which carried out regular outpatient blood tests.

The tests measured the claimant's International Normalised Ration (INR) with the object of adjusting her dosage of warfarin to ensure that her INR remained within the target range of two to three for at least 50 per cent of the time and thereby reduce the risk of a stroke. During 12 visits to the clinic between October 1999 and February 2000, the claimant's INR was only within the target range on two occasions. On 4 February 2000, the claimant sustained a cardiac embolus when a blood clot broke away from the left atrium of her heart and lodged in the right hemisphere of her brain.

The claimant sustained injury and brought an action against the defendant alleging that it was negligent in the monitoring of her condition.

Liability disputed. The defendant admitted that the medical care it provided to the claimant was sub-optimal in various respects. However the defendant denied negligence and causation.

Injuries: The claimant sustained a cardiac embolus, resulting in a blood clot in her brain.

Effects: As a result of the claimant's stroke, she suffered from permanent physical and cognitive impairment for which she needed extensive care. She was unable to walk unaided, unable to read or concentrate and easily became fatigued.

Prognosis: There was dispute between the parties concerning the claimant's life expectancy, which was estimated as being between four and eight years.
Out of Court Settlement (approved): £300,000 total damages.

Background to damages: The settlement took into account the risk that the breach of duty and causation might not be established and the polarised expert evidence on life-expectancy and care requirements. The settlement total also included agreed costs of £60,000.

Bristol District Registry (HHJ Burcell QC) 11/3/2004

LTLPI 8/4/2004 (Unreported elsewhere)

Document No.: AM0200583