Brain Tumour Blunder- Settlement Agreed

23/11/2009

A man left disabled after a hospital repeatedly failed to spot signs he was suffering from a brain tumour has won an out-of-court settlement.

Karl Hutchinson, 21, from North Wingfield, Chesterfield, was 11 when he was admitted to Chesterfield Royal Hospital suffering from neck pain, vomiting and sensitivity to light.

But a series of mistakes meant the tumour remained undiagnosed for 18
months, causing a delay in treatment which left him with severe brain injuries.

Mr Hutchinson now suffers from significant brain damage, which means he cannot work or live alone, and he regularly suffers memory loss and has problems with mobility and balance.

An out-of-court settlement to pay for his rehabilitation has now been reached with his family who are keeping the terms private. Last night they demanded lessons were learned from the case.

His mother Jayne said: "The hospital's failure to diagnose Karl's condition correctly has resulted in permanent serious brain damage and he will now need help for the rest of his life.

"We are very disappointed with the level of care Karl received after he left the hospital. No amount of money will repair the damage that has already been done but at least now we can put it towards the cost of some of the physio and rehabilitation that Karl needs.

"It's going to be a long and intensive rehabilitation process and we are determined to put the pain of the past 10 years behind us.

"I hope the hospital can learn from this case so that no one else has to go through what we have. I also hope that our case can highlight the fact that the aftercare offered after an injury such as this needs to be investigated. There are people who are struggling because they haven't got the money to help pay for crucial treatments."

Rachel Roach, brain injury expert for lawyers Irwin Mitchell who represented the family, said: "There were several times in this case where things should have been done differently and it is important that the NHS addresses this to ensure it never happens again."

Irwin Mitchell said Mr Hutchinson was initially referred to hospital by his GP in May 1999, and although he stayed overnight, he was discharged the following day without diagnosis.

He was re-admitted with the same complaints a week later but was again discharged the following day, this time with an outpatient appointment as the doctor thought he was suffering from a virus.

An administrative error meant the Hutchinsons were not told of the date of his appointment, and the hospital failed to follow up his non-attendance, despite the concerns of a school nurse that his behaviour and school performance had deteriorated in line with symptoms of a brain tumour.

He was again re-admitted to hospital in October 2000, but the records of his previous visits were incomplete and he was not given a full neurological examination. When he was finally given a brain scan in November 2000, the results revealed he was suffering from a tumour more than two inches in diameter and fluid on the brain.

He was immediately transferred for emergency surgery by specialists in Nottingham. Although this was successful, the tumour had already caused irreparable brain damage.

Eric Morton, chief executive at Chesterfield Royal Hospital NHS Foundation Trust, said: "Whilst we still have some misgivings around some areas of the claim, settling on a no admissions basis is the right answer to allow Karl and his family to look forward.

"We continually strive to provide high standards of care and to make the right clinical decisions in often difficult circumstances. Sadly, children with this condition do not always make a full recovery, but, as always, we examine all the circumstances and look to learn from our patients' experiences."

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