Medical negligence claim reaches High Court

Legal history is in the making as a teenager with a serious disability takes his case to the High Court.

Born with Down’s syndrome, the teenager developed a heart condition and was admitted to Guy’s hospital for surgery in 1987, when he was two years old. It was during this surgery that hospital staff failed to monitor his temperatures and he overheated, suffering severe neurological damage as a result. The hospital admitted liability for this damage, which meant that he was confined to a wheelchair needing constant specialist care and treatment.

The family have been fighting for compensation from the hospital since 1987.

The court case will highlight the National Assistance Act 1948 which states that local authorities have an obligation to provide residential care to victims of injury and accident where necessary. Drawing on this act, the legal team representing Guy’s hospital intend to argue that the state should be responsible for paying most of the victim’s care, and they will pay the rest.

This leaves the moral dilemma as to the justice of a negligent person or organisation being allowed to avoid paying for the results of their negligence, and instead leaving a large proportion of that cost for the state to provide.

The case is expected to last for five days.