Kevin's Story

Kevin had been detained in a Mental Health Unit. He was 17 and his behaviour had recently started to cause concern to his family.  It could be that his change in character was related to cannabis use.

He absconded from the Unit on three occasions but when he got out for the fourth time he was viciously attacked in the street by three men who were subsequently convicted and sent to prison.  Kevin sustained a very severe head injury and remained in a coma for five days.  Although he made a reasonable physical recovery he continued to experience severe behavioural problems which meant that he needed full time care and was not capable of working.

The case presented many legal and medical challenges.  Firstly was the Unit negligent for failing to heed the high risk that Kevin would abscond.  Expert evidence obtained on Kevin’s behalf supported allegations that the Unit were negligent in failing to place him under closer supervision and arrange for him to be placed on a locked ward.  Secondly, did the Unit’s duty extend to being responsible for injury sustained in an unprovoked attack in the street?  Thirdly, Kevin could only obtain compensation for the consequences of the head injury.  The expert psychiatrist found it difficult to distinguish between the effects of the injury and the underlying psychiatric condition.

Settlement terms were agreed shortly before trial and Kevin received substantial compensation which will be administered by the Court of Protection.  The money will allow Kevin to obtain specialist further rehabilitation and care and support.