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Friday, November 6, 1998 Published at 16:30 GMT


Health

Record medical award for millionaire's widow

The cost of medical negligence claims is shooting up

The widow of a top American banker is expected to win more than £3.5m - the largest ever UK award for medical negligence.

Maralyn Plitman won the record damages at the High Court in London on Friday after her husband Joshua Yedid died following botched surgery at Chelsea and Westminster Hospital.

The same day, 25-year-old Jamie Buckingham-Smart was denied compensation after being left with the body of a five-year-old following a heart operation.

Ms Plitman's total damages bill is still being worked out, but it already stands at £3.2m, excluding medical costs estimated at half a million and substantial interest.

In 1986, Mr Yedid, vice-chairman of the Republic Bank in New York, suffered brain damage after being admitted to Chelsea and Westminster Hospital for exploratory surgery following a bout of gastro-intestinal bleeding.

The court heard that he sustained "catastrophic and irreparable brain damage" because he was not given enough oxygen while under general anaesthetic.

Mr Yedid, aged 60 at the time of the operation, was left in a persistent vegetative state and, despite treatment in several hospitals, showed no improvement.

He died in March 1991.

Multi-millionaire

The National Health Service Litigation Authority admitted liability for the accident, but argued that Mr Yedid's death was not necessarily due to the operation and disputed the amount of damages claimed by his widow.


[ image: Mr Yedid did not get enough oxygen while under general anaesthetic]
Mr Yedid did not get enough oxygen while under general anaesthetic
However, Mr Justice Gage said that, on the balance of evidence, it appeared the fact that Mr Yedid was in a persistent vegetative state was "the most probable cause of death".

Multi-millionaire Mr Yedid had come to the UK in early 1986 to take care of the Republic Bank's UK operations and relaunch the bank in Europe.

He had taken the job after turning down an offer of the presidency of the bank.

Justice Gage awarded Mrs Plitman $2.17m for Mr Yedid's loss of earnings up to 1991, $2.42m for her "loss of dependency", £85,000 for Mr Yedid's pain and suffering and £3,500 in bereavement compensation.

Rising bill

The goverment has unveiled plans to speed up the medical litigation system to offer "faster, fairer" results.


[ image: Chelsea and Westiminster hospital: scene of the botched operation]
Chelsea and Westiminster hospital: scene of the botched operation
It admits this could push up awards, but hopes the NHS will save money as weak claims are screened out.

Health officials are becoming increasingly worried about the mounting medical negligence bill. Last year the NHS had to pay £235m in compensation, a 17% rise on the previous year.

This year, the bill is expected to rise still higher, with a handful of recent cases topping the £3m mark.

The highest award so far was £3.28m for a boy who developed cerebral palsy as a result of being starved of oxygen at birth.

Special case

The Chelsea and Westminster Hospital says Mr Yedid's case is a special one.

"This case cannot be compared with other high level awards because the valuation is high due to his being very wealthy," said a spokesman.

He added that the award is considerably lower than the sum of £12-£15m claimed by Mr Yedid's widow.

The hospital is still considering whether to appeal against the ruling.

Stunted growth

The High Court also heard the case of Jamie Buckingham-Smart on Friday.

He was admitted to Bromptom Hospital as a five-year-old because of a congenital heart problem.

During the operation, he was allegedly starved of oxygen and his brain almost totally destroyed.

This left him with stunted growth and totally dependent on his parents. His body weighs only 15lbs.

However, because his parents, who live in Hertfordshire, waited 16 years to claim compensation, the case was thrown out.

The judge ruled that staff could not remember the events surrounding the operation.



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