A judge at the County Court at Middlesbrough concluded that earlier investigation and treatment would, on the balance of probabilities, have prevented Ms Dakin’s stroke.

The claimant, who was working as an NHS nurse at the Defendant Trust at the time, suffered a total anterior circulation infarction stroke in July 2016 after experiencing symptoms including palpitations and episodes which were initially thought to be linked to anxiety.

The Trust admitted that appropriate cardiac monitoring should have been arranged. The key issue at trial was whether further monitoring would have identified atrial fibrillation in time for preventative treatment to be given.

The court accepted the claimant’s case that, had appropriate monitoring taken place, atrial fibrillation would have been identified and anticoagulant medication would have been offered and administered. The judge found that this treatment would have prevented the stroke from occurring.

The court also noted that there are relatively few reported liability-only clinical negligence trials, and that this judgment may therefore be of wider interest to practitioners.

In considering publication, the judge highlighted the importance of transparency and open justice and confirmed that the judgment should be published. Ms Dakin did not seek anonymisation.

The importance of early diagnosis and cardiac monitoring

The case centred on whether appropriate cardiac monitoring would have detected atrial fibrillation before the claimant suffered her stroke.

Atrial fibrillation is a heart rhythm condition which can significantly increase the risk of stroke if left undiagnosed or untreated. Early diagnosis can allow patients to access treatment, including anticoagulant medication, which may reduce the risk of serious harm.

The court heard that the claimant should initially have undergone 24-hour cardiac monitoring and that, if no episodes were captured during that period, seven-day monitoring would likely have followed.

The court accepted the claimant’s evidence that further monitoring would, on the balance of probabilities, have identified atrial fibrillation and allowed preventative treatment to begin.

The judgment also recognised the challenges claimants can face where negligent treatment results in important medical evidence never being obtained. In this case, the absence of cardiac monitoring was itself a consequence of the Trust’s admitted breach of duty. The court also considered the principles of “claimant benevolence” where additional  weight is given to the claimant’s evidence, when crucial evidence is absent for this reason.

The impact of stroke on the claimant’s life

The stroke has had a profound impact on the claimant’s life and future.

As a result of her injuries, she has been unable to return to work and was forced to take ill-health retirement. She continues to live with significant ongoing symptoms including:

• Altered sensation in her right hand
• Speech difficulties
• Problems with memory and information retention
• Epilepsy requiring ongoing medication

Stroke negligence claims are not only about establishing what went wrong. They are also about ensuring people can access the rehabilitation, care, financial support and long-term assistance they may need after a life-changing injury.

Robyn Hawxby, lead solicitor for the claimant at Switalskis, said:

“This case highlights the importance of listening carefully to patients’ symptoms and ensuring appropriate investigations are carried out at the right time.

“Our client experienced repeated episodes of palpitations and breathlessness over a prolonged period before suffering a life-changing stroke. The court accepted that, had appropriate cardiac monitoring taken place, atrial fibrillation would likely have been identified and preventative treatment offered.

“The impact the stroke has had on our client’s life has been profound. She has been unable to return to work and continues to live with significant ongoing symptoms on a daily basis.

“We are pleased the court reached this conclusion for our client and we will continue to support her as the case now proceeds to the assessment of damages.”

Supporting people after a life-changing injury

At Switalskis, we understand the devastating impact a stroke or delayed diagnosis can have on every aspect of a person’s life, including their health, independence, career and relationships.

Our medical negligence solicitors work closely with clients and their families to help them access answers, accountability and the support they need to move forward after serious injury.

Where possible, this can include securing access to rehabilitation, specialist therapies, care and financial support to help rebuild life after injury.

What happens next?

The case will now proceed to the next stage, where the court will assess the compensation and long-term support required to meet the claimant’s ongoing needs.

Compensation in stroke medical negligence claims can help provide financial security and fund future care, rehabilitation, accommodation needs, therapies and support.

How our medical negligence solicitors can help

If you or a loved one has suffered a stroke following a delayed diagnosis, missed symptoms or failures in medical treatment, our medical negligence solicitors may be able to help.

Our team supports people affected by serious and life-changing injuries caused by medical negligence, helping them to access answers, rehabilitation and compensation to support their future.

To speak to our team, contact Switalskis for a confidential discussion about your circumstances.