An assault victim who suffered serious brain damage after being left for ten hours in a police cell with no medical treatment is set to receive financial support for his future care after a Yorkshire police force admitted full liability for his injuries.
Dean Hutton, from South Yorkshire, was left without medical treatment despite the police force knowing the nature of his injury it is claimed.
South Yorkshire Police said it accepted liability for the injuries and its solicitors are now consulting with Mr Hutton’s legal team.
Mr Hutton, 26, from Wath-Upon-Dearne, was arrested after a fight in 2009 because he had failed to appear at court on a previous charge. The police officers on duty classified him as drunk.
His head injury was not recorded by staff at Rotherham Main Street police station and they failed to risk assess him. Subsequently when his condition deteriorated, medical attention was not sought quickly enough….it was ten hours later.
Mr Hutton was struggling to breathe and had blood around his mouth. He was then rushed to hospital and found to have “a serious head injury and significant brain damage”.
The family of Mr Hutton, from Wath-upon-Dearne, say the physical, cognitive and behavioural difficulties he suffers as a result of the injuries mean he “needs help with almost everything he does” and will require care for the rest of his life.
South Yorkshire Police have now admitted full liability for his injuries after expert evidence gathered by his solicitors showed he would have made a full recovery if he had received medical treatment for his head injury earlier.
The case had been due to be heard at a five-day High Court trial in March, but his lawyers will now work with medical experts to gather evidence on the settlement he would need to support him for the rest of his life before negotiating over a figure with the force.
Marie Neilson, expert serious injury lawyer at Abacus Solicitors commented “This is a distressing situation for both the victim and his family. I expect Mr Hutton’s lawyers will be working hard to secure a full settlement which will ultimately provide for his lifetime needs.”
She added: “Had the police taken note of the fact that Mr Hutton had suffered a head injury and monitored his condition and the symptoms he showed through the night, it is most likely that he would have received medical attention much sooner.”
According to a critical report by the Independent Police Complaints Commission, Mr Hutton appeared well when police and paramedics were called to reports of an assault and declined to be taken to hospital. Although the custody sergeant was made aware he had received a head injury no record was made of this information.
Despite vomiting and being difficult to rouse whilst in custody, the IPCC reported that his “actions were regarded as a result of him being drunk” until a force medical examiner found him bleeding from his nose.
After being taken to Rotherham District Hospital he was immediately transferred to Royal Hallamshire Hospital where he underwent emergency surgery, but the damage had been done.
Sources: The Yorkshire Post, Sky News
ACTIONS AGAINST THE POLICE
If you have been a victim of wrongful arrest, assault or race discrimination by the police, or if you feel your civil liberties have been infringed, Abacus Solicitors can help you.
As well as making a complaint against the police, we can assist you in your fight for justice by bringing the matter to the courts.
For more information click here: http://www.abacus-law.co.uk/making-a-claim-against-the-police/
Or Call: Marie Neilson or Robin Torr on 0161 833 0044.
We can talk through what has happened to you, how the police have mistreated you and the prospect of a successful claim.