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Home > Psychological Injury Claims
Pyschological Stress Compensation Claim
Pyschological Stress Compensation Award
Sarah Christina Ledwith V Conwy & Denbighshire NHS Trust (2004)
Stress Of Possible HIV Infection
The claimant, received £5,000 for the psychological stress of possible HIV infection caused by the use of drip previously used by another patient. The claimant suffered from anxiety about attending hospital for ongoing unrelated treatment and was unable to look after her handicapped son for a period of three months.
Claimant: Female: 76 years old at date of accident; 76 years old at date of settlement.
Clinical Negligence: On 9 September 2003, the claimant was admitted to the defendant's hospital for an operation to insert a bilateral jj stents into her kidneys under general anaesthetic. Prior to the operation, the claimant advised the anaesthetist that she had previously suffered from sickness as a result of anaesthetic. During the procedure, the claimant was not prescribed any medication and she subsequently began to suffer from nausea.
The claimant was placed on a drip and was given IV metronidazole. It was subsequently noted that the drip had been used previously by the patient in the next bed.
The claimant therefore underwent tests for Hepatitis A and B, as well as for HIV. The initial results came back negative, but the claimant was reassured after conclusive test results were obtained three months later.
The claimant suffered from psychological injuries as a result of her treatment and brought an action against the defendant alleging that it was negligent in her treatment.
Liability admitted.
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Unable To Work Compensation
Injuries: The claimant suffered from concern over the possibility of being infected with the HIV virus.
Effects: The claimant was unable to cope with looking after her handicapped son during the three month period when she did not know that she had no further illness. She also suffered from anxiety about attending hospital for ongoing unrelated treatment, however at the date of the settlement, this had improved considerably.
Out of Court Settlement: £5,000 total damages.
Breakdown of General Damages: Pain, suffering and loss of amenity: £3,000; Past counselling costs: £1,000.
Special Damages: £1,000.
Background to damages: The award for general damages was estimated by reference to Meek v Lewis (2002) 3 QR 12 and Dickson v Bridge Hotel (1999) 99(6) QR 7.
Out of Court Settlement 20/2/2004
LTLPI 24/3/2004 (Unreported elsewhere)
Document No.: AM0200581
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