Family Settle Claim for a Lack of Medical Care at a Birmingham Hospital

A family has settled its compensation claim for a lack of medical care at a Birmingham Hospital following their son´s death due to brain damage.

On 31st December 2009, Ross Askew (33) from Selly Oak in the West Midlands started to suffer abdominal pains. He attended the Selly Oak Hospital the following day, and was transferred to Birmingham´s Queen Elizabeth Hospital after being diagnosed with severe necrotising pancreatitis.

During the admissions process, Ross – who was already undergoing treatment for a recurring brain tumour – started to vomit bile, which blocked his respirator. Unable to breath, Ross suffered acute respiratory failure and went into cardiac arrest.

Due to being starved of oxygen, Ross suffered a significant brain injury. He was transferred to the specialist rehabilitation unit in April 2010, and discharged into the care of his family the following August. Tragically, Ross died on 10th October 2011 after being readmitted to hospital for treatment on his brain tumour.

Ross´s devastated mother – Carol – sought legal advice, and made a compensation claim for a lack of medical care at a Birmingham hospital. Carol alleged in her legal action that the care provided during Ross´s admission to the Queen Elizabeth Hospital was sub-standard and responsible for his death.

The University Hospitals Birmingham NHS Foundation Trust denied liability for Ross´s death, and argued that the treatment he received during the admissions process was unrelated to the cause of his death. Nonetheless, an undisclosed settlement of compensation was negotiated between the parties without an admission of liability.

Speaking after the compensation claim for a lack of medical care at a Birmingham hospital had been resolved, Carol Askew told her local press:

“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.”