£10,000 for ill health caused by a faulty pacemaker | Case Study

Compensation of £10,000 was awarded to a 67 year-old man for symptoms including tiredness and shortness of breath over a two year period starting at age 63, due to a malfunctioning pacemaker.

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Medical negligence claims

Injury details

At age 63 the claimant had surgery to fit a bi-ventricular pacemaker. The operation was deemed a success.

The man was advised the pacemaker would be checked before he left. After waiting all day he was advised the nursing staff did not have time to check the device and discharged. He was advised to return in a month.

For the next few weeks he experienced shortness of breath, tiredness and generally felt unwell. He returned to the hospital where it was identified that the pacemaker was not functioning correctly.

A scan was performed. The pacemaker was found to not be functioning correctly on the left side of his heart. He was referred back to the surgeon for further assessment.

Surgery to repair the pacemaker was delayed until two years after the first fitting. The surgery went ahead and the problems with the pacemaker were rectified.

The symptoms of tiredness, shortness of breath and feeling generally unwell had continued throughout the two year period before surgery.

The claimant already suffered from severe heart damage. His life expectancy was estimated at 5 years. For two of these years he was made to feel unwell and unable to enjoy life fully.

Allegation

It was alleged that the hospital was negligent insofar as the hospital failed to check the pacemaker before discharging the Client after surgery.

The faults were not identified or corrected in a timely fashion. The claimant maintained these failures amounted to care below a reasonable standard.

The claimant had a reduced life expectancy as a result of previous heart disease. His ability to enjoy life had been severely restricted by the faulty pacemaker.

Conclusion and settlement

Liability was admitted and the matter settled without progressing to Court.

Compensation of £10,000 was accepted by way of an out of Court settlement.

£7,000 of the damages was attributed to "pain, suffering and loss of amenity."

The sum of £3,000 was awarded for past care received and miscellaneous expenses incurred.