http://news.bbc.co.uk/1/hi/england/2773203.stm
Damages over brain surgery delay
Morley Benstead suffered as a result of the delay
A man discharged from hospital without an X-ray after his skull was fractured
in an attack, has won £1.78m damages. Morley Benstead was hurt after trying to
break up a fight in Torbay in May 1998.
His head was hit by a brick in the attack, but the 51-year-old was discharged
on the same day from Torbay Hospital.
Two days later, the hospital X-rayed his skull and spotted a fracture, the High
Court in London heard.
Further delay
He was transferred to Derriford Hospital in Plymouth.
But there was a further delay, and surgery was not carried out until the next
day, 27 May.
As a result of the delays to his treatment, Mr Benstead, of Paignton, Devon,
suffers from epilepsy, memory loss, and lack of coordination in his limbs.
He has also suffered 60% loss of sight and physical scarring.
He is unable to drive, will never work again, and has to rely on his elderly
parents, carers and therapists.
Profound regret
His counsel, Robin Oppenheim, told Mr Justice Davis that, had an early X-ray
been carried out, the fracture would have been detected and there would have
been earlier referral for neurosurgery.
But Mr Benstead developed a brain abscess due to dirt getting into the fracture
and causing an infection.
An investigation at Torbay Hospital led to the South Devon Healthcare NHS Trust
admitting an error in Mr Benstead's treatment.
Plymouth Hospitals NHS Trust also admitted that there were errors in the
treatment it provided.
Margaret Bowron, QC, said that both trusts had profound regret that their
treatment had made Mr Benstead's injury worse.
The judge echoed Miss Bowron's admiration for the way Mr Benstead and his
family had coped.