Medical Negligence

It was claimed that the hospital had failed to make the patient aware of the risks associated with his treatment and that given his medical history and awareness of his own condition he would have opted for a safer alternative and not consented to the proposed treatment when alternatives were available. Mr Cox added that at no time was the patient’s medical history checked to see that he had been given the powerful antibiotic in the past and had a previous bad reaction to it. “This case is different from so many others in that the claim was made not on mistakes in the administration of the antibiotic, it was the right choice for his condition, but it was given without his knowledge,” said Mr Cox.

“What we have here is a client who knows that previous treatments have left him with a history of balance issues, he does not like being dizzy and would never have consented to the same course of treatment. “When used correctly antibiotics are perfectly safe, however in this case toxicity has culminated in life changing circumstances for my client and this award reflects the lifetime of care and assistance he will need,” said Mr Cox. The East Kent Hospitals University NHS Foundation Trust made the settlement of £100,000 admitting negligence.

80-year-old Mr R had a history of dizziness and imbalance and it was alleged that the treating hospital failed to take his medical history into account. He was not given an alternative treatment option and the administered antibiotic Gentamicin caused ototoxicity (toxic to the ear and vestibular system), and this drug in conjunction with the antibiotic Vancomycin exacerbated his problems. “My client had an awareness of the effects of his previous treatment and did not like the dizzy feeling he was left with but had managed to live with it.

Doctors routinely ask if we have allergies, or gain patient consent for surgery or chemotherapy drugs, however here Gentamicin was given and he was not consulted, had he been presented with an option he would not have taken this medication. “We place our health in the hands of professionals and sometimes when it goes wrong people need answers and in cases such as this a financial settlement to help get on with their lives,” said Mr Cox.

Compensation settlement: £100,000

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