Thursday, February 28, 2008

After 22 years, UK woman wins baby brain damage case

LONDON: A woman who suffered severe brain damage as a newborn baby following a botched heart operation will receive a massive payout after a judge ruled that her surgeon had been negligent. The operation to boost oxygen levels of an infant was performed by Dr Janardan Dhasmana in May 1985. Dhasmana, who qualified from the Lucknow University in 1964, is believed to be practising in India currently. Marianna Telles, 22, from Gwent, could receive an estimated five million pounds in compensation after her brain was starved of oxygen due to "unacceptable" delays during her treatment. Telles’ case was described as "one of the greatest scandals in the history of NHS". , Her lawyer Simeon Maskrey told the High Court she has had "significant physical, cognitive and behavioural" problems since the operation to treat a congenital heart defect in 1985. He said the surgeon who performed the operation, Janardan Dhasmana, had been guilty of "technical incompetence". Judge Mr Justice Saunders held the South West Strategic Health Authority liable and said Dhasmana had been negligent. The amount of damages will be set at a later hearing. Some experts say they could be worth five million pounds. Telles' family began the legal action after a public inquiry into the high number of babies that died during operations at the Bristol Royal Infirmary between 1988 and 1995. In what became known as the "Bristol heart babies scandal", the General Medical Council suspended Dhasmana for serious professional misconduct. The South West Strategic Health Authority had denied any breach of duty or responsibility for Telles' condition. Telles' mother Anna Redman said after the hearing: "It is a shame that it has taken me 22 years to finally get the truth as to what happened to my daughter at Bristol."

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