Breach of Human Rights leads to award

29 April 2010

In early 2007 our clients’ father underwent an x-ray which showed a tumour on his right lung. This tumour was removed in May 2007 during a pneumonectomy (right lung removal) procedure. He did not fully recover from this operation and often had to return to hospital to have fluid drained from his lung cavity.

In May 2008 our clients’ father returned to Hospital for further treatment. He had been sedated for a number of days and, without the formal consent of his family, he was removed from sedation. He was unable to breathe for himself and passed away. One of his treating clinicians at the Hospital was concerned with the way that the deceased and his family had been treated and as a result, the case was heard at an Inquest in January 2009 at Hull Coroners Court. The verdict was that he had died as a recurrence of his lung cancer however the decision to extubate him was not universally approved by all the clinicians involved in his case.

The family approached Stamp Jackson & Procter to advise them from an early stage. They were receiving a lot of press attention and needed a supportive and guiding hand from their solicitors.

It was clear during the Inquest that there was mixed feeling regarding the ethics behind the treatment and lack of family involvement. As a result of the verdict given at the Inquest, Stamp Jackson & Procter were instructed to pursue a claim for clinical negligence and breach of human rights on the part of the deceased and his family.

An out of court settlement was achieved very quickly for the family of the deceased.

This case will help to raise awareness of Human Rights for the family of victims of clinical negligence resulting in the unnecessary loss of life.