20-Year Old Awarded £3million Compensation Package after Successful Medical Negligence Claim
25/11/2009
A 20 year old from the West Midlands is to be awarded a compensation package of more than £3 million to help fund a lifetime of future care after critical delays by medical staff in diagnosing meningitis left him severely brain damaged.
Mark Thomas, from Blakenall, Walsall, was just 12 years old when he developed meningitis in February 2002 but doctors at Walsall’s Manor Hospital failed to recognise the tell tale signs of the potentially fatal illness. Investigations revealed that a blood test, which would have flagged up meningitis, was not reviewed and acted upon for more than four days.
Mr Thomas’ frantic parents were even lectured by a hospital nurse for “inappropriate use of A&E services” but bosses at Walsall NHS Hospitals Trust have since admitted liability for the errors that were made whilst he was in their care.
Mark has been left with brain damage which severely affects his short term memory. As a result, he will never be able to work or live independently and will require constant care. He was awarded a settlement of £3.2 million in Birmingham, which will be held in a trust fund for Mark, to provide for his future life-long care needs.
In the six weeks prior to contracting meningitis back in February 2002, Mark suffered from a series of ear infections which refused to clear up. He was seen regularly by his GP but by 9th February 2002, his condition had deteriorated so badly that his parents took him to Manor Hospital, where a blood test was taken. The results of this test showed that his ear infection had spread, causing meningeal infection of the brain. Mark’s symptoms also included a stiff neck, an aversion to bright lights and extreme lethargy; symptoms that, along with the blood tests, should have prompted doctors to investigate further.
Despite these symptoms, Mark was not admitted to hospital and was instead sent home. His blood test was not acted upon for five days, in which time his condition deteriorated still further. This prompted his desperate parents to take him back to A&E on 14th February, only to be told by a nurse that his condition was not sufficiently serious and they were “using emergency A&E services inappropriately.”
Mr & Mrs Thomas refused to take Mark home and demanded a second opinion. It was only then that the blood test results from 9th February were reviewed and meningitis was finally diagnosed.
Whilst the settlement is a welcome conclusion to the family’s medical negligence claim, the family’s solicitor, clinical negligence expert Tim Deeming from national law firm Irwin Mitchell, is now calling for the hospital to prove that it has learnt from its mistakes to ensure no other parents ever have to endure the same agony that Mark’s family have suffered.
“The symptoms of meningitis are every parent’s worst nightmare,” said Mr Deeming. “However, for four days Elaine and David were simply made to feel like over-anxious parents who were bothering A&E staff unnecessarily.
“Independent medical experts have told us that had the results of the blood test been reviewed and acted upon promptly, Mark would have been given appropriate antibiotic treatment and he would not have suffered brain damage.
“Today’s settlement will provide for the substantial life-long care needs Mark requires and gives reassurance for his parents that he will be properly cared for in later life. However, it cannot turn back the clock and we can only hope that the Trust has learned lessons from the mistakes they made in Mark’s care so that no other family will go through the same heartache.”
His mother, Elaine, commented: “The past eight years have been such a roller coaster of emotions for us. We know just how close we came to losing Mark to this terrible illness and we are fortunate he is still with us. However, if the doctors had done their job properly and acted more quickly, Mark would now be living a completely normal life. It is so upsetting to think that all the plans and ambitions he had as a young lad will now never be realised.
“Although we have received an apology, we want reassurances from the hospital that lessons have been learned and procedures have been improved so that other children with symptoms of meningitis will not be allowed to slip through the net like Mark.
David Thomas said: “We are relieved that this settlement will allow Mark to be cared for in the way he needs, for the rest of his life.
“He is our only child and we really couldn’t ask for a more wonderful son. Like most young men his age he loves soccer. He is a season ticket holder with Walsall FC and he loves nothing better than going along with me to see them play on a Saturday afternoon. However, his short term memory is so severe that within minutes of the game ending, he cannot even remember the final score.
“There are so many things that he cannot do which other lads his age take for granted. We cannot even leave him alone in the house because he would be too much of a danger to himself. However, we hope that some of the money will help provide for care support which will allow him to have a degree of independence so that he can finally start to live life a little more fully.”
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