The long-term partner of an electrical engineer whose early death was caused by the admitted negligence of staff at an NHS hospital has succeeded in her claim for compensation.
The man was aged 68 when he died after a blood clot formed in his calf and became lodged in the main artery carrying blood to his lungs. The NHS trust which ran the hospital admitted breach of duty but disputed the value of his claim. It was argued that his obesity – he weighed 22 stone when he died – and heavy drinking would have interfered with his ability to provide for his family.
The trust had offered to settle the claim for less than £35,000. However, in awarding almost six times that sum, the High Court found that neither his drinking nor his weight had prevented him from functioning normally and leading an active life. The award to his partner of 25 years included almost £6,000 for funeral expenses and more than £190,000 for the loss of his services and financial support.
Fiona Tinsley, Head of Clear Law’s Medical Negligence department, said: “Although the NHS trust initially argued that this gentleman’s obesity and heavy drinking impacted on his ability to lead a normal and active life, it was proven that this was in fact not true and the compensation awarded to his long-term partner takes into account the financial implications of his death, which was ultimately as a result of the hospital’s negligence in treating him.”
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