Medical Negligence News

Claim Settled for Family after Negligence at Hospital

Posted on: November 11th, 2015 by Medical Negligence

The family of a man who died because of a lack of care at Birmingham Hospital has received a settlement of compensation.

On the 31st December 2009, Ross Askew – then aged thirty-three from Selly Oak, West Midlands – began suffering from pains in his abdominal area. He went to Selly Oak Hospital, where he was diagnosed with severe necrotising pancreatitis. He was then transferred to Queen Elizabeth Hospital in Birmingham.

As he was being admitted to the second hospital, Mr Askew started to vomit bile, blocking the respirator to which he was attached. This prevented him from breathing, and Mr Askew – already being treated for a brain tumour – experienced acute respiratory failure and went into cardiac arrest.

As he was deprived of oxygen for a period, Mr Askew suffered severe injuries to his brain. In April 2010, he was transferred to a specialist rehabilitation unit, and discharged to the care of his family the following August. The next year, he was readmitted to hospital for treatment of his recurring brain tumour, where he sadly died on the 10th October.

Carol, Mr Askew’s mother, sought legal counsel and proceeded to make a claim for compensation for lack of medical care. She claimed that her son did not receive adequate care as he was being admitted to Queen Elizabeth Hospital, and that was a direct contributor to his death.

The University Hospitals Birmingham NHS Foundation Trust, who oversee proceedings at the hospital, denied any liability for Mr Askew’s death, claiming that the treatment administered to him during his transfer was not a causal agent in his death. However, an undisclosed settlement of compensation was awarded to the family, without admission of liability.

After the settlement was announced, Carol Askew commented: “We are bitterly disappointed that the Trust did not accept responsibility for the failings in his treatment. After he suffered the brain injury in early 2010, Ross needed 24-hour care as he wasn’t able to move independently or look after himself. We are devastated that he was taken away from us so suddenly and it is incredibly difficult for us to come to terms with.”