Composer Win Medical Negligence Compensation

Composer Win Medical Negligence CompensationA British composer who was left disabled following a catalogue of errors by the hospital where he was treated has won his battle for compensation. Andrew Downes from the West Midlands pursued a medical negligence claim against the NHS after Doctors failed to diagnose a fractured spine, allowing the condition to worsen.
61 year old Downes, who has written music which has appeared on television and the radio both nationally and internationally, was admitted to Russells Hall Hospital in Dudley in October 2009 after complaining of back pain following a fall. Describing the severe pain he was in, staff failed to send Mr Downes for an x-ray. Instead, the hospital took a urine sample and diagnosed a urine infection, prescribing antibiotics.
The fact that Mr Downes had a fractured spine was only uncovered some time later after he lost sensation in his legs. In the interim period, staff forced Mr Downes to take walks around the ward – an activity which undoubtedly exacerbated the fracture. Andrew Downes suffered irreparable damage to his spinal cord and has been left wheelchair bound – something which could have been prevented had the correct investigations taken place initially.
Although the clinical negligence case has been won, the compensation figure to be paid to Mr Downes has not yet been agreed.
Vitek Frenkel, forensic accountant at Frenkel Forensics commented: “We are instructed to act in many clinical negligence cases, preparing forensic accountancy reports that assist the Claimant’s legal team in securing the right settlement. In circumstances such as this, a compensation figure may be difficult to determine.  There are many factors that need to be taken into account such as the loss of earnings the Claimant has suffered, the cost of any alterations required to be made to living accommodation and funds to cover any ongoing care and treatment”.
Paula Clarke of the Dudley Group of Hospitals NHS Trust commented: “Although no amount of money can undo the damage he has suffered, we hope it will provide financial security to Mr Downes and his family for the future.”
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