Clinical Negligence - Case Study
The People
S is a diabetic lady in her 40s who became ill with a chest abscess. In hospital the chest abscess went largely untreated for getting on for a week whilst different specialists argued over whose responsibility she was. Despite a continuing deterioration in her condition there was a delay in administering any antibiotics. Unfortunately as well as the chest abscess S was unlucky enough also to have a spinal abscess. Despite a whole series of diagnostic tests and unlikely diagnoses, following a catalogue of errors in the absence of timely and effective treatment S ended up permanently paralysed and wheelchair bound.
The Problem
Although the hospital admitted some fault there was a substantial difference between the parties not only in terms of the physical consequences of the negligence but also the financial ones. In part this was because there were considerable differences between S’s recollection of events and the hospital records. We were firmly of the view that despite this S’s evidence would be upheld at trial.
The Solution
Following this partial admission of liability we were able to obtain a substantial interim payment. As luck would have it a new bungalow was being built near to where a number of S’s relatives lived. This had the immediate attraction that the building work could be completed to S’s specific requirements as a wheelchair user. The small matter that the builder and the owner were in dispute with each other did not prevent us completing the purchase of the property. At the final settlement meeting we were able to agree a full and final settlement of £1.25 million.
The Postscript
Following the settlement we were able to set up a personal injury trust to enable S to continue to receive the benefits to which she was entitled. We also prepared a Will and Enduring Power of Attorney and purchased a second property as an investment and for S’s brother to live in as part of her support network. Finally we were able to provide investment advice in relation to the rest of the trust fund.
Who to contact
Marek Bednarczyk
Partner
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