A woman who suffered a stroke five years ago has been told by a judge that she is able to proceed with a claim for compensation for medical negligence. The court ruled that her stroke could have been prevented if she had been referred to hospital by her GP early enough.
The woman, thirty-year-old Samantha Cole, is unable to walk normally after she suffered the stroke in 2004. According to her injury lawyers, she complained of symptoms such as headaches, sickness and dizziness weeks before she experienced the stroke. Despite contacting her GP and visiting the A&E department of her hospital, she was turned away without any treatment.
When she was too ill to visit her GP, Dr Joseph Huber, she asked him for a home visit, but she was still not referred to hospital. It was just four days after this that Samantha Cole suffered a stroke.
Her GP, Dr Joseph Huber, has admitted clinical negligence, but insists that even if Samantha Cole had been admitted to hospital, the stroke would not have been prevented.
Judge McMullen QC disagrees however, ruling that the woman’s condition could have been prevented had her GP acted early enough. He stated:
This means we will be able to obtain some financial compensation for Ms Cole, although the sums involved will not be known for some time.
This will help her to deal with the difficulties of raising her four children while unable to be fully independent or to earn a wage.
A Medical Protection Society spokesman stated:
Dr Huber has always regretted not admitting Ms Cole to hospital for treatment of what is acknowledged to be a very rare condition, and wishes to reiterate his apology to Ms Cole and her family.
He appreciates that this has been a difficult and upsetting time for all concerned.
He has always striven to provide the best care to his patients, and he will continue to do so.
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