Martin Hood, Deputy Head of Clinical Negligence at Jackson Lees Solicitors, recounts a time he helped his client get the compensation she deserved after a traumatic illness.
Working in medical negligence, I am often faced with victims of devastating injuries and illnesses as a consequence of poor medical care. The most important part of my job is ensuring that the people we work with can have their needs met.
A case study in medical negligence.
A recent case of mine, which has concluded as amicably as any case I can remember in 15 years of doing medical negligence work, is a good example of getting the best possible result for our clients following a harmful incident. I’ve changed some details to ensure client confidentiality.
My client was a lady in her 30s who was admitted to a major hospital with very serious back pain. Senior doctors specialising in infection control at the hospital had suggested to those looking after her in the Medical Assessment Unit that a scan would be required to check for discitis, a very serious spinal infection requiring emergency treatment.
Sadly, this poor lady was left over the weekend with no investigations carried out and by Monday she had suffered permanent spinal cord injury and paralysis.
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We ensured a full investigation was carried out.
In my experience, the response of hospitals in such circumstances can be mixed. Some conduct internal investigations and offer apologies but then seek to argue over liability when lawyers like me invite them to formally admit liability for their error.
However, to this hospital’s credit, a very thorough investigation was carried out. Statements were taken from several members of staff and the detailed Serious Incident Report sought to learn from these awful events to prevent a repeat in future.
The hospital also instructed sensible lawyers, who confirmed to me that liability was accepted in full for my client’s injuries. That meant a significant saving in legal costs and reduced the length of the case by at least a year.
The victim had suffered life-changing spinal injuries, so work then turned to quantifying the damages. Our legal system is designed to try (as far as money can) to put someone back into the position they would or should have been in with reasonable treatment.
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We secured payment for future medical needs.
Working with a very capable colleague of mine, we obtained expert evidence on this lady’s likely future medical needs and the care, equipment and accommodation required to meet those needs. It was confirmed that she would need round-the-clock care from two carers and adapted accommodation that was entirely wheelchair accessible.
Whilst the case was still ongoing, we secured interim payments of damages of £800,000 so that a property could be purchased and therapies could get underway without waiting for the end of the case. Our team is committed to ensuring our clients are awarded the necessary funds to ensure no delay in treatment or comfort.
The case settled earlier this year for a lump sum of £2.75m, plus a lifelong annual payment of £350,000 for the cost of care and medical needs. I was pleased with the result, but more importantly, so was my client. The adaptation works to the property have begun, and I look forward to seeing the finished article next year.
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We help those who have fallen victim to medical negligence.
Our clients are at the heart of the work we do, and we are passionate about helping those that have fallen victim to medical negligence get the answers, closure where possible, and go on to achieve the best possible quality of life.
If you or a member of your family have experienced negligent care or inadequate treatment, you may be able to claim medical negligence compensation to help you move on from this mistake and put your life back together.
To talk with one of our medical negligence specialists, call us on 0151 282 1700. Alternatively, you can make an enquiry or request a callback, and one of our team will be in touch soon.