Following on from our article about the myth of a widespread
compensation culture, we would like to build on this by focusing in particular on
clinical negligence claims.
We provide an initial consultation and advice free of
charge. This enables someone who is affected by a spinal cord injury to obtain
legal advice without any obligation, helping them from the outset of a very
difficult time.
An early review can often identify potential claims for
clinical negligence, even where there may have been no initial concerns
relating to any medical treatment provided. Our expertise in this field often
helps us identify potential claims. These can include delay in diagnosis or
treatment, sub-standard surgery, misdiagnosis or misprescription of drugs or a
failure to obtain informed consent.
All medical professional s carry indemnity insurance
precisely for these reasons. Everyone makes mistakes, but mistakes in medical
care can have catastrophic consequences.
Where there has been negligence in the provision of medical care and
treatment, we can help identify and bring a claim that can provide valuable
compensation. This can assist with care and accommodation needs, medical and
other expenses and lost earnings. It can help to provide financial security and
the opportunity to maximise quality of life.
Clinical negligence cases can be complex and demanding
but our experience and expertise in these cases enables us to obtain
exceptional results for clients. We understand that the demands of those with
spinal injury are substantial and complex and therefore handle much smaller
caseloads than the majority of clinical negligence lawyers. This ensures a
proactive and client-focused approach.
We recently settled a clinical negligence claim for
Louisa Tempest who fell heavily whilst getting into a taxi to travel to a club
during an evening out in Birmingham. She was a 20 year old Geography student at
university and was taken into hospital by ambulance. The hospital staff
negligently failed to properly assess her and allowed her to fall from a
trolley whilst in A&E. A few hours later, a junior doctor failed to properly
assess her neurological condition. The junior doctor wrongly decided to
discharge her whilst she could not walk properly.
Her friend had to help her into a taxi. Her friends were unaware that Louisa was at high
risk of permanent spinal cord injury. Back at her friend’s student house,
Louisa was lifted onto a sofa to rest. When she awoke, she could not move or
feel any of her limbs. This was because severe spinal cord injury had been
caused by the dislocation of unstable vertebrae in her unprotected neck. Her
friends knew nothing about this risk. Proper care in hospital would have
prevented any injury.
Louisa did not realise that she might have a clinical
negligence claim. Whilst undergoing rehabilitation in her local Spinal Injuries
Unit, she asked Stewarts Law to prepare a Power of Attorney to allow her family
members to deal with her affairs on her behalf.
Frank Pinch, Head of Clinical Negligence at Stewarts Law,
advised her that she may have a claim against the Hospital Trust because of
potential failures to protect her neck and take steps to avoid the tragedy
which occurred.
The potential case was investigated and independent
experts supported a claim. The lawyers for the Hospital NHS Trust resisted
accepting responsibility on behalf of the Hospital Trust for a lengthy period.
Louisa’s accident occurred in October 2010; the Trust conceded liability in
January 2013.
From that point, detailed assessments of her long-term
needs were carried out. Negotiations resulted in the case settling in September
2014, just over three weeks before the trial date. The precise terms of the
settlement remain confidential but the amount is significant and will ensure
that Louisa can pay for her ongoing care, accommodation, therapies, equipment
and medical treatment for the rest of her life.
Louisa commented, “The staff at Stewarts Law have always
been so professional but also caring. After a long struggle, it was a huge
relief to know that I will have financial security for my future; that I will
be able to have the care that I need, plus adapted accommodation and equipment.
It means a great deal to me to be able to realise my freedom and independence
and get on with my life with the help of the financial settlement that Stewarts
Law has helped me to achieve.”
For more information on how our Personal Injury and
Clinical Negligence teams work closely together in order to obtain compensation
for patients and their families who have suffered catastrophic or fatal
injuries following negligent medical treatment, read
more here.
More information about our work with SIA can be found here.
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