This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Cookie settingsACCEPT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities...
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
    • Politics
    • Transport
    • Lifestyle
    • Community
    • Business
    • Crime
    • Environment
    • Health
    • Education
    • Sport
    • Harrogate
    • Ripon
    • Knaresborough
    • Boroughbridge
    • Pateley Bridge
    • Masham
  • What's On
  • Offers
  • Newsletter
  • Podcasts

Interested in advertising with us?

Advertise with us

  • News & Features
  • Your Area
  • What's On
  • Offers
  • Newsletter
  • Podcasts
  • Politics
  • Transport
  • Lifestyle
  • Community
  • Business
  • Crime
  • Environment
  • Health
  • Education
  • Sport
Advertise with us
Subscribe
  • Home
  • Latest News

We want to hear from you

Tell us your opinions and views on what we cover

Contact us
Connect with us
  • About us
  • Advertise your job
  • Correction and complaints
Download on App StoreDownload on Google Play Store
  • Terms and Conditions
  • Privacy Statement
  • Comments Participation T&Cs
Trust In Journalism

Copyright © 2020 The Stray Ferret Ltd, All Rights Reserved

Site by Show + Tell

Subscribe to trusted local news

In a time of both misinformation and too much information, quality journalism is more crucial than ever. By subscribing, you can help us get the story right.

  • Subscription costs less than £1 a week with an annual plan.

Already a subscriber? Log in here.

18

Jan 2023

Last Updated: 18/01/2023
Health
Health

Harrogate hospital pays six-figure sum to patient left severely disabled

by John Plummer

| 18 Jan, 2023
Comment

0

microsoftteams-image-30-3

Harrogate and District NHS Foundation Trust has paid a six-figure sum to a patient who suffered a stoke and cardiac arrest after an operation, leaving him severely disabled.

The trust and York and Scarborough Teaching Hospital NHS Foundation Trust were found jointly responsible for the treatment of the 74-year-old patient, who suffered a minor stroke in January 2016.

Having developed some slurring of speech and a headache, he was taken to Harrogate District Hospital by ambulance, where he was admitted to the stroke unit and underwent a CT scan of the head.

As part of the legal case against the two trusts, solicitors acting on behalf of the man made several allegations of negligence. It was alleged imaging was wrongly reported and surgery was unnecessarily performed.

During the surgery the patient suffered a stroke and later a cardiac arrest from which he was successfully resuscitated.  He was left severely disabled and brain damaged.

Solicitor Elizabeth Maliakal, a specialist in medical negligence claims at Hudgell Solicitors, led the legal case on behalf of the patient, whose daughter was appointed his deputy by the Court of Protection to manage her father’s affairs.

Ms Maliakal 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 said the case centred on two key aspects of care and treatment:

“Firstly, there was no need for surgical intervention and, had my client not undergone surgery, he would have avoided the stroke which occurred during surgery and the later cardiac arrest.
“Secondly, he was inadequately consented over the decision to operate and, given doubts about his mental capacity to consent, his family were not consulted over the decision either.
“Had an appropriate discussion taken place regarding the relative risks and benefits, neither my client nor his family would have consented.






Read more:



  • First ever nurses' strike begins at Harrogate hospital

  • Harrogate district police inspector reveals local crime hotspots






elizabeth maliakal hudgell-solicitors

Ms Maliakal (pictured above) added:

“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.
“He has been left with a catastrophic injury.  He is paralysed, has little vision in his right eye and reduced vision in his left eye. He is unable to talk, he is doubly incontinent, needs to be fed through a tube and requires hoists to be moved.  He now lives permanently in a nursing home.”


'Denied liability'


Harrogate and District NHS Foundation Trust and York Teaching Hospital NHS Foundation Trust agreed a six-figure sum for damages. The precise amount has not been revealed.

The compensation agreed covers the cost of future care, nursing home fees, private medical treatment, medication expenses and aids and equipment.

Mrs Maliakal added:

“This was a hard fought case. Initially both trusts denied liability and it was only after court proceedings were commenced that settlement discussions took place. The negligent treatment left my client severely disabled, and in need of round the clock care, which could and should have been avoided.
“As part of our investigations into the case we instructed independent medical experts, including a vascular surgeon, a stroke physician and neuroradiologist. The Trusts agreed to compensate


A joint statement for Harrogate and District NHS Foundation Trust and York and Scarborough Teaching Hospitals NHS Foundation Trust, said:

“The trusts sincerely regret the difficulties experienced by the claimant and are pleased to have been able to reach an amicable compromise of his claim.  The trusts wish the claimant and his family well for the future.”