Clinical negligence news
03/11/2011

Schoolgirl awarded £5m for failings in medical care

A Colchester schoolgirl who suffered medical negligence as a baby will receive compensatory payouts from the NHS for the rest of her life, the High Court has ruled.

Barking, Havering and Redbridge Hospitals NHS Trust admitted liability at an early stage and has agreed to pay the girl a £5million lump sum, to be followed by annual payments of between £50,000 and £100,000 for life.

The girl, who cannot be named for legal reasons, was described by her family's medical negligence solicitor as "independent and determined" in the face of severe disability.

Speaking outside court, her mother described the settlement of their medical negligence claim as ‘fantastic'.

"We are happy to finally know she is settled for the rest of her life," she said. "All our lives begin now and this is a big relief.

"We have been living one day to the next not knowing what is going to happen. It has been a nightmare and the money does not make up for what she has lost.

"But it will help her through her life and means there will always be someone to help her."

The trust's lawyer offered an ‘unreserved apology' to the child's family for the failings in her care, and the Judge offered praise for the way they had overcome the situation.

He said: "It is one of the most humbling experiences as a judge to listen to a case such as this and to recognise the triumph of the human spirit over adversity, firstly by [the girl], but also by her father, mother and brothers and sisters, all of whom I have no doubt have been affected by this very sad circumstance.

"All I can do is wish her and her family all the best in the future."

Court costs of £150,000 will be paid by the NHS on top of the £5million medical negligence compensation.