Husband wins compensation over his wife's surgery

Baby for Rooneys
Baby for Rooneys



Edward Ronayne from Netherley, Liverpool, has become the first hospital visitor to receive a payout for shock, after a botched operation temporarily transformed his wife's appearance. The decision could open the floodgates to further claims - costing the NHS millions - so it is fighting the award.

Julie Ronayne was herself awarded £160,000 compensation after suffering complications after a hysterectomy at the Liverpool Women's Hospital in 2008. She contracted peritonitis, which caused severe swelling of her body. The court heard that she was left 'looking like Michelin man'.

According to the Daily Mail, Edward suffered nervous shock on seeing the condition of his wife. He described his wife's first two days in hospital as being the worst of his life, and said he had never fully recovered from the sight. The judge said his symptoms: "Were pathological and went beyond the distress and anger that a man would suffer due to the near terminal illness of his wife." He was awarded £9,000 in 2013. However, the NHS is now appealing the award.

The fight

The Telegraph reported that the NHS is fighting the award in the appeals court, over concerns that it could open the floodgates to thousands more claims, and cost millions of pounds.

The organisation's lawyer said that as Edward was visiting his wife in hospital he should have expected her to look unwell, so he should not have been so shocked. He explained: "Hospitals on a day-to-day basis deal with people who are ill or vulnerable. They go there followed by their loved ones. It is unfortunately a matter of day-to-day occurrence that great emotional responses will take place in a hospital."

He accepted that Julie's appearance would have been shocking, but questioned whether it was such an overwhelming shock as to lead to psychiatric injury - which is usually the basis on whether or not compensation is awarded.

He also pointed out that: "The effect of this judgement, if it stands, is to alter the effect of the law in secondary victim cases." He added that if it stood, it could lead to a flood of further claims from other people who visited patients in hospital.

Judgement will be delivered at a later date.

The cost

The NHS's concerns come partly from the fact that compensation claims are already costing the organisation a fortune. The hospital involved in this case, the Liverpool Women's Hospital, paid out £11 million in compensation over the past year, with another £852,000 spent fighting claims in court.

The Medical Defence Union estimates the total bill for NHS hospital clinical negligence claims could cost each taxpayer at least £1,030. Last summer, the NHS annual report revealed it had paid out £25.6 billion in the previous 12 months, a rise of 13% from a year earlier.

The MDU is calling for a limit to compensation. But the question is what is more important? Is it more vital for people to be compensated for their suffering - and in many cases to receive money to help them manage the medical needs that they have as a result of the damage done by the hospital? Or would it be better to put this money into offering more care for other patients?

What do you think? Let us know in the comments.

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