Man Settles Compensation Claim for the Failure to Treat an Infection

A man who suffered multiple organ failure after the hospital he was admitted to did not have a consultant available for three days, has settled his compensation claim for the failure to treat an infection for £3 million.

Tristan Rosevear (49) was admitted to the St Mary´s Hospital in Paddington London on Friday 19th November 2010 with an infection in his hip. Despite having low blood pressure and a racing heartbeat, no antibiotics were administered, and Tristan´s requests for a scan were dismissed because there was no consultant available over the weekend to authorise it.

As a rash developed over his body, it was suggested that Tristan take an anti-allergy medication, and all the signs that the infection was developing into sepsis were overlooked. At 4.00pm on the following Monday, Tristan went into septic shock, suffered a stroke and sustained severe brain damage. He had to undergo brain surgery and spent nine weeks in intensive care.

As a result of the hospital´s negligence, the former communications company director is unable to read, write or speak coherently. Tristan´s wife – Janine – has had to give up her career in the film industry to become his full-time carer, and the couple have had to return to their home in New Zealand to continue Tristan´s rehabilitation.

Tristan made a compensation claim for the failure to treat an infection – claiming that he would not have suffered such devastating injuries if he had been administered antibiotics when he was first admitted to the hospital. The Imperial College Healthcare NHS Trust – which runs St Mary´s Hospital – initially denied liability for his injuries.

However, just days before a High Court hearing was due to get underway, the NHS Trust decided that it was liable after all and issued Tristan with an apology. Tristan´s solicitor negotiated a settlement of the compensation claim for the failure to treat an infection which consists of a lump sum payment of £1.5 million, plus annual compensation payments for the next twenty years. The total value of the settlement is estimated at £3 million.