Pensioner Awarded Compensation for Medical Negligence in Accident and Emergency

Posted on: September 6th, 2012 by Editor

An elderly pensioner has been awarded £35,000 compensation for medical negligence in Accident and Emergency after a hearing at the High Court.

In March 2007, Lydia Eaton (102) broke her pelvis when she had a bad fall near home in Wigmore, Kent. Lydia was taken by ambulance to the Accident and Emergency Department of the Medway Maritime Hospital, but discharged from the Gillingham hospital eight hours later – having been given a prescription for some painkillers.

Due to her injury affecting her mobility, Lydia started developing sores and ulcers due to being sat down for long periods of time. Her family asked for help in caring for Lydia, but they received no support from the Medway NHS Trust – and, one month later Lydia had to be transferred to a private nursing home due to her condition deteriorating.

In order to help pay for the nursing home fees, Lydia´s daughter claimed compensation for medical negligence in Accident and Emergency – alleging that Lydia would still be leading an independent life were it not for the negligence of the Accident and Emergency doctors. The Medway NHS Trust denied any responsibility for Lydia´s deteriorating condition and the case went to the High Court to be resolved.

At the High Court, Mr Justice Nigel Sweeney heard that – since the claim for compensation for medical negligence in Accident and Emergency had been made – Lydia´s condition had deteriorated further and she had been moved to a more expensive nursing home that could provide a higher standard of care.

After hearing testimony from the legal representatives of both parties, Judge Sweeney found in Lydia´s favour. He commented that Lydia´s discharge from the Accident and Emergency Department before she had a thorough examination was a factor in her current condition. The judge awarded Lydia £35,000 compensation for medical negligence in Accident and Emergency and said that the funds should be placed in a trust fund to pay Lydia´s future care costs.


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