NHS Compensation payout for family of brain injury victim

The family of Margaret Parsons, a 63-year-old woman who died after suffering a catastrophic brain injury in a South Wales hospital, has received a compensation payout following her death.

The family said they felt they had been “sorely let down” by the local health board.

The patient complained of difficulties breathing

In March 2009, Margaret Parsons, a mother-of-five from Pontypridd, Wales, underwent a quadruple heart bypass at the University Hospital of Wales, Cardiff. Before her operation, Mrs. Parsons was a carer for two of her daughters, who had been born with brain damage, and one of her sons, who is deaf.

Following the major surgery, Mrs. Parson initially seemed to be recovering; however her condition began to fluctuate. She complained to medical staff that she was experiencing difficulty breathing, she said her airways felt blocked and reported phlegm in her throat. Despite her complaints, the family alleges that hospital staff failed to remove the mucus from her airways. Mrs. Parsons then suffered a cardiac arrest and brain damage.

After being transferred to the Royal Glamorgan Hospital in Llantrisant, and then to Ysbyty Cwm Rhondda, Mrs Parsons died on 5 December 2010.

Making a compensation claim for a brain injury or damage

Out-of-court settlement agreed

The family took legal action against the former Cardiff and Vale NHS Trust, alleging negligent mismanagement of their mother’s care. They stated that medical staff had failed to properly monitor her condition as she deteriorated. Court proceedings were commenced after the health board failed to respond to a letter of claim sent in June 2013.

The NHS denied all liability. However, at a hearing, independent doctors investigated the case and concluded that certain aspects of Mrs Parsons’ care were inadequate. The parties have subsequently agreed an out-of-court settlement, which was endorsed by the High Court. In approving the terms of settlement, which have not been disclosed, Mrs. Justice Swift described it as a “common sense” deal.

The health board’s barrister said the Trust expressed “deep regret” for Mrs. Parsons’ death and that he hoped the settlement would allow the family to “get some sense of closure from this very sad chapter”. Director of nursing for Cardiff and Vale University Health Board, Ruth Walker, said the Trust wanted to send its condolences to the family and “apologise for the identified failure of care that occurred in 2009”.

Following the settlement, Mrs. Parsons’ son Brian said he felt he had sought justice for his mother’s death. He said:

“There is a huge void in our lives without her and having put our trust in the local health board we feel that we have been sorely let down. To have this redress will enable the family to care for one another to the standard that she would have wanted.”

How to make a compensation claim for clinical negligence

You are entitled to expect a certain standard of treatment from those providing medical assistance to you. If this treatment falls below standard you may be entitled to recover the cost of the private medical treatment needed to correct the failings on the part of those originally treating you.

If you have concerns about the medical care that you have received, please contact one of our medical negligence lawyers at IBB Solicitors. Our goal is to obtain justice for victims of the negligence by others, by securing compensation that reflects their pain and suffering, as well as related financial losses including loss of earnings, treatment costs and specialist care costs.

Please contact a member of our team on 01895 207835 or 01895 207295. Alternatively, you can send an email with your name and contact information and brief details as to the nature of the accident/clinical negligence and the injuries sustained to malcolm.underhill@ibblaw.co.uk and one of our team will be able to help you