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Man with learning disabilities settles claim against healthcare provider for alleged physical and emotional harm

A young autistic man with learning disabilities has settled a legal claim against Cygnet Healthcare after it was alleged he received negligent treatment while staying at a specialist care unit.

Jamie Newcombe, by his litigation friend his mother, claimed he experienced significant physical and emotional harm during his time at Bostall House Hospital, London, where he was detained under the Mental Health Act 1983 between 2014 and 2015.

Cygnet acknowledged that staff put Jamie in a restraint which broke Jamie's arm but denied other claims. At that time, the hospital was operated by Danshell Group, which Cygnet Healthcare acquired in 2018.  

The family was concerned about overmedication and improper medical practices while Jamie was detained, including the prescription of Clozapine without necessary heart assessments and abruptly stopping Clonazepam. When Jamie's mother raised concerns abotu Jamie’s breathing and general physiological demeanour, the responsible clinician dismissed the possibility of any danger from the withdrawal. Following this, Jamie experienced distress, including jerking movements, slurred speech, nightmares and self-harm.  

On 4 March 2014, staff used an unauthorised restraint on Jamie, who described being violently restrained by staff and pushed out into the hospital garden. This resulted in a fractured right humerus bone. His legal claim states that the injuries were left untreated for over 24 hours, causing him significant pain and distress.  

The healing process was prolonged and uncomfortable, requiring Jamie to wear a brace for several months. Jamie was unable to take part in routine activities such as swimming and trampolining.  The restraint also led to long-lasting psychological impacts, including Post-Traumatic Stress Disorder (PTSD), which continues to affect him.  

Jamie also alleged further physical assaults in December 2014 and January 2015. His legal claim stated he was also subjected to degrading treatment when personal care was neglected, leaving him dependent on his mother. It was also alleged that he was also denied access to hot running water for three weeks.

The company has admitted causing Jamie’s fracture injury but denied all other allegations. They nevertheless agreed to pay damages, which were approved by the High Court on 24 September 2024.

Oliver Lewis was instructed by Yvonne Kestler of Leigh Day. Read the full press release on the Leigh Day’s website here.

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