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Colin Freeman left brain damaged and paralysed by NHS
8 February 2010
A 44-year-old man has won substantial damages from the NHS after failings by Frimley Park hospital in Surrey left him paralysed with long term brain damage.
Colin Freeman, a father of three, from Farnham, Surrey was admitted via his GP to the hospital with pneumonia in December 2004. However during his 10 day stay, a catalogue of staff errors and hospital procedure failures meant a serious underlying heart infection was left undetected. In particular, staff failed to plan and carry out an echocardiogram (ECG), which would have revealed the dangerous condition. Mr Freeman was discharged without this investigation being completed, still feeling very unwell, unable to walk and struggling for breath in a wheelchair.
Two days later, still unable to breathe and walk, Mr Freeman returned to the hospital on Christmas Day, where doctors still failed to detect the true cause of his serious illness and proceeded to prescribe him with the wrong medication.
Due to these failings in care, Colin Freeman, who was a scientist in the aviation industry, suffered a devastating stroke at home three weeks later at the age of only 39. Mr Freeman had to be admitted to intensive care because his condition was both critical and unstable. The stroke left him paralysed on his left side, unable to work, suffering from epilepsy and reliant on a wheelchair. The stroke also caused serious brain injury causing major long term disabilities including paralysis and problems with behaviour, memory and speech.
In January 2008, Colin Freeman then suffered a fall and broke his hip, losing his remaining ability to walk.
Whilst trying to cope with the shattering impact of her husband’s condition, his wife, Iris, 45, complained to the hospital where her husband had been treated. In a seven page response, the hospital denied any criticism and made no reference to the failure to perform a crucial investigation. Despite glaring mistakes and errors, the clinician responsible said she would not have changed any of the care given to Mr Freeman.
After a five year legal battle, Colin Freeman agreed to an out of court settlement.
Iris Freeman said: “The failure to detect and treat my husband’s illness has robbed us of the ability to have a normal family life. We have never worked so hard every day to survive this terrible tragedy. It has been a struggle to get the justice Colin deserves, but the damages he has received will allow us to adapt our home and obtain 24-hour care as it is important he has the opportunity to enjoy his future within the limitations of the stroke. However, no amount of money can restore Colin’s former happy family life to him.”
Paul Sankey, solicitor at Russell Jones and Walker, who represented Mr Freeman said: “Having caused a stroke due to a lack of care, Frimley Park Hospital then neglected to admit its failings. Had Iris believed what the hospital told her, Colin would not have pursued a claim and would still be struggling to manage without the care he desperately needs.”
“There is currently no legal requirement to notify patients or their next of kin of medical errors despite campaigning by the AvMA* for ‘Robbie’s Law’** to be introduced. Russell Jones and Walker fully supports this campaign, which would ensure a legal duty of candour in the healthcare service in the UK.”
*AvMA is the charity for patient safety & justice.
** Robbie’s Law AvMA is now calling on the government to introduce a ‘Duty of Candour’ for the medical profession in memory of Robbie Powell. He died as a result of a series of negligent medical mistakes none of which were communicated to his parents. Please visit http://www.avma.org.uk/data/files/will_on_robbies_law.pdf
For more information on legal duty to inform patients of medical errors or incidents, view Paul Sankey's article featured in the Law Society Gazette
Read Colin Freeman's story in his own words
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