Victim of 'Unnecessary' Surgery Receives £6.3 Million

Every operation involves an element of risk but, if the worst happens, expert lawyers are always there to ensure that those who suffer are justly compensated. In one case, a grandmother who sustained serious brain damage during exploratory surgery received millions in damages from the NHS.

The purpose of the procedure was to investigate arachnoid cysts – fluid-filled sacs which occur on the membrane surrounding the brain – but it resulted in injuries that left her gravely physically and mentally disabled. After much rehabilitation, she regained an understanding of the world around her, but her memory and intellectual abilities will always be impaired. She has insight into her condition, however, and has been able to express her joy at becoming a grandmother.

After a clinical negligence claim was brought, alleging that the operation was unnecessary and unjustified, the NHS admitted liability in full for her injuries and agreed to a final settlement of her claim. Together with a lump sum of £2.75 million, she will receive index-linked payments of £275,000 a year for the rest of her life in order to cover the costs of the round-the-clock care she requires.

Approving what it described as an excellent settlement, the High Court noted that it had an overall capitalised value of about £6.3 million. The woman's husband of almost 40 years must have felt at times that the world had fallen in on him. His life and those of the couple's adult children had been turned upside down by what happened but they had risen to the challenge of caring for her.