Woman Awarded Compensation for the Failure to Diagnose Viral Encephalitis

A woman from Gloucestershire has been awarded compensation for the failure to diagnose viral encephalitis that led to her suffering permanent brain damage.

The unnamed woman attended her local hospital in June 2009 complaining of severe headaches and was kept in overnight for observation. Doctors sent her home the following day after failing to identify the symptoms of viral encephalitis – an inflammation of the brain – but she was re-admitted the following morning as an emergency.

Even though the condition was correctly diagnosed on her re-admission, the woman was not administered the correct drugs for forty-eight hours and her condition deteriorated – causing her to sustain permanent brain damage. She now needs around the clock care and suffers from acute amnesia – effectively living in a world of her own.

The woman´s family claimed compensation for the failure to diagnose viral encephalitis on her behalf. The Gloucestershire Hospitals NHS Foundation Trust admitted medical negligence and, at the High Court in London, the woman was awarded a £1.1 lump sum of compensation for the failure to diagnose viral encephalitis plus index-linked annual payments for the rest of her life.

At the hearing, Judge Sir Ian Dove commented: “Money can never fully correct what has happened to the claimant in this case, but unfortunately it is the best that the law can do. She will be now be comfortable and secure for the remainder of her life, will be able to stay in her own home and to have carers around her so that she can live the fullest life she can.”

Speaking on behalf of the Gloucester Hospitals NHS Foundation Trust, Barrister Alexander Hutton QC said: “We are extremely sorry for the failings that happened in relation to the care of this claimant. The consequences for her have been very grave. I would like to pay tribute to her family. They have been unstinting in their support of the claimant in very difficult circumstances. We do hope that this compensation helps and we do wish the claimant and her family all the best for the future.”