A PATIENT who suffered a catastrophic stroke and cardiac arrest leaving him severely disabled, following an operation at York Hospital, has received a 'substantial six figure sum' in compensation.
The out-of-court settlement will cover the cost of future care, nursing home fees, private medical treatment, medication expenses and aids and equipment for the 74-year-old man, who is paralysed, has little vision in his right eye and reduced vision in his left eye, is unable to talk, is doubly incontinent, needs to be fed through a tube and lives permanently in a nursing home, said Elizabeth Maliakal, a specialist in medical negligence claims at Hudgell Solicitors.
She said Harrogate and District NHS Foundation Trust and York Teaching Hospital NHS Foundation Trust were jointly responsible for the treatment of the man, who suffered a minor stroke in January 2016.
She said said that, having developed some slurring of speech and a headache, the man from near Harrogate was taken to Harrogate District Hospital by ambulance, where he was admitted to the Stroke Unit and underwent a CT scan of the head.
He was then transferred to York Hospital where the surgery was performed.
She said he suffered a catastrophic stroke and later a cardiac arrest from which he was successfully resuscitated, but he was left severely disabled and brain damaged.
She alleged the operation had been carried out without the patient or his family being fully informed of the risks involved, and without being informed that the benefits of surgery were small.
She claimed there had been no need for surgical intervention and, had her client not undergone surgery, he would have avoided the stroke and later cardiac arrest. He was also inadequately consulted over the decision to operate and, given doubts about his mental capacity to consent, his family were not consulted over the decision either, she claimed.
“Had an appropriate discussion taken place regarding the relative risks and benefits, neither my client nor his family would have consented," she said.
“Whilst our medical experts felt that he may well have gone on to suffer further strokes in the near future, had he not undergone the surgery, they were of the opinion that he would not have been left as profoundly disabled as he is now."
She said settlement discussions only took place after court proceedings commenced. As part of her investigations, independent medical experts were instructed, including a vascular surgeon, a stroke physician and neuroradiologist.
The two trusts denied liability but settled the claim out of court.
A spokesperson said they sincerely regretted the 'difficulties' experienced by the claimant and were pleased to have been able to reach an 'amicable compromise' in relation to his claim.
"The trusts wish the claimant and his family well for the future," they added.