It is
almost 15 years to the day since I settled what was at that time, the biggest
case that I had ever handled.
John – not his
real name – was born in good health. He then developed jaundice, which is not
uncommon in young babies. In severe cases treatment is necessary either by phototherapy,
using lights, or a full blood transfusion. So long as the condition is treated
promptly there are rarely any major problems. John was born over a holiday
period. The hospital staff, with the best of intentions, wanted to get the new
young family home. He was discharged without being checked by a paediatrician.
This was a catastrophic decision.
His
condition deteriorated. By the time he was admitted to a local children’s’
hospital it was too late. He had suffered major and permanent brain damage.
This is a
very oversimplified account of the medical issues but the outcome was that he had
no use of his limbs, no speech and would need care from his family for the rest
of his life. However, he was otherwise, as bright as the rest of us – if not
more so.
Liability
was disputed at first. However it seemed such a blatant case that, for the only
time in my life, I applied to the High Court for summary judgment. This is a
quick procedure to bring cases to a conclusion where there is no realistic
argument. Surprisingly the NHS agreed and the case eventually settled for just
under £2.5m which back then was a sizeable award.
There are
still those who criticise victims and families for pursuing compensation claims
for medical blunders. They are accused of draining the NHS and depriving other
patients of the care they need. Others think of awards like this as if they
were lottery wins. This could not be further from the truth. Compensation is
needed to provide for the care and support necessary to give the victim a
reasonable quality of life.
The reason
I mention this story is that I am still in touch with the family. I have had a
limited role over the years, assisting with occasional matters arising from the
various trusts. So I have been able to see how the award has worked for John
and his family. I met his mum recently. She told me that he has managed to get
a University Degree. She said that he is now planning on working abroad for a
year. Despite massive obstacles he is working toward a successful career. Now this
is a tribute to John’s own determination and intelligence alongside the support
from his family. But it is also a result of what has been achieved by a fair
award of compensation for his injury which has provided the framework for him
to develop.
We all wish
that tragedies like this did not happen.
But those
who go on and on about a compensation culture should, now and then, consider
the real lives behind the stories.
