The widow of a decorator who developed a fatal deep vein thrombosis (DVT) after falling off a ladder will get £42,836 damages from a hospital trust.

Christine McKenzie, of Crusader Way, Braintree, claimed £140,000 compensation after West Suffolk NHS Trust admitted negligence following the death of her husband Brian McKenzie.

But a judge awarded her the lower sum and she must also pay legal bills after the court heard she turned down the Trust's pre-trial offer to settle the case for £60,000.

Mr McKenzie, 54, died on Valentines Day, 1996, at West Suffolk Hospital, three weeks after an accident.

Mr Justice Butterfield awarded the damages after his injuries from the accident would in any event have restricted his future earnings.

Mrs McKenzie, 55, had told the court she believed her husband would have defied medical evidence and recovered to continue working.

But Mr Justice Butterfield said: "I'm satisfied Mr McKenzie was a very hard-working man, but he would not have gone back to full time work.

"I well understand why Mrs McKenzie pursued the case, if she hadn't she wouldn't have been doing justice to the memory of her husband - but I have to go on the evidence before me."

While working Mr McKenzie had the accident which indirectly led to his death, falling off a ladder on January 26, 1996, and fracturing his right ankle and his left wrist.

He was rushed to hospital and although his injuries were serious they were not life-threatening.

Peter Blakesley, counsel for Mrs McKenzie, told the court that after four days he complained of pains in his left leg which got steadily worse.

He said that on February 8, a DVT was diagnosed and Mr McKenzie was given medicine to thin the blood, which proved ineffective. On February 14 he suffered a heart attack and died.

Mr Blakesley said: "The hospital failed to stop the DVT and, when they did diagnose it, they administered inadequate quantities of anti-coagulant.

"They also failed to measure its effect, did not administer tests properly and in those circumstances they have admitted negligence."

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