Case Study: £350,000 Compensation for Medical Negligence in Hospital

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Georgina Emsley

Solicitor, Medical Negligence

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A Medical Negligence Claim Case Study - Client Situation

Our client underwent surgery to reposition an undescended testicle when he was 2 years old but during the procedure, the surgeons failed to protect his left inferior epigastric artery, which was cut by mistake. The central allegation was that the treating surgeons did not take the appropriate steps to prevent serious injury by identifying and protecting the left inferior epigastric artery, resulting in it being cut. 

The artery being cut resulted in major vascular complications for our client, leading to an ischaemic injury which compromised the development of his left leg. He also suffered significant scarring as a result of subsequent surgery that was required to repair the damaged artery. 

An ischaemic injury occurs when blood supply to an area or tissue is cut off, causing major trauma to the area. The ischaemic changes to his left leg caused it to grow at a much slower rate and our client had to undergo surgery to remove the growth plate inserted in his right leg to limit its growth and to allow his left leg to grow to a matching length. This has resulted in a significant leg length discrepancy and he requires a 1.7cm shoe raise in one side.

The vascular damage also caused his left foot to be smaller than his right foot, and he suffered damage to both nerve and muscles in his left leg. This causes intermittent pain when walking which limits his ability to carry out his daily activities. Sadly, this is likely to be permanent and our client could require additional surgery in the future, and interventions for the rest of his life.

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How We Helped

Our team of Medical Negligence Solicitors were contacted to help claim compensation from the NHS Trust, responsible for his negligent treatment.

Our Solicitors reviewed the details and agreed to investigate his case. We arranged for him to undergo an independent medical examination, so a medical report could be prepared detailing the extent of which his current symptoms were attributable to the negligence, and what future care, treatment and rehabilitation requirements he may have.

With this information we were able to determine the appropriate amount of compensation for our client to reflect the severity of his pain, suffering and loss of amenity, and pay for his future care and treatment needs.

Our Medical Negligence Solicitors then approached the NHS Trust, alleging that the treating surgeons did not take the appropriate steps to prevent serious injury by identifying and protecting the left inferior epigastric artery, resulting in it being cut. This we argued, resulted in our client suffering a significant disability impacting his development, his mobility and his body image.

The NHS Trust admitted liability (fault) and offered to pay our client compensation, which the family happily accepted.

The Outcome

After lengthy negotiations, the NHS Trust offered to pay a total of £350,000 , which was accepted by our client. This will be used for care and assistance, that the child will require.

Our Strategy

Simpson Millar approached this case with a comprehensive legal strategy aimed at securing the most amount of compensation for our client's injuries and his long-term needs. Our team purposefully reviewed the details of the case and devised a strategic plan to hold the NHS Trust accountable for their actions. 

Our focus was on the failure of the surgeons to identify and protect the left inferior epigastric artery during the surgical procedure, which resulted in severe vascular complications and lifelong issues for our client. Our legal strategy emphasized the significant impact of negligence on our client's physical health, development, mobility, and emotional well-being. We pursued a thorough investigation and engaged in extensive expert assessments to determine the extent of our client's injuries and his future care needs.

Client’s Journey and Support

Throughout the legal process we provided our client with unwavering support, as we really understood the emotional and practical challenges which he and his family faced every day.

How Simpson Millar Can Help You

We can offer a free initial consultation where one of our Medical Negligence Solicitors will let you know if you can make a claim.

If we can help you, we’ll handle your claim on a No Win, No Fee basis. So, you don’t need to worry about paying us anything if your claim is unsuccessful. We work with a wide range of independent experts who specialise in different areas of medicine.

If we can demonstrate that you have received negligent treatment which has caused you harm, one of our Solicitors can arrange for you to be seen by a medical expert who will prepare a medical report dealing with issues of condition and prognosis (impact of the negligence and your injuries on your day-to-day life, employment and future) We will use the report to determine how much compensation you should be awarded for what happened to you. 

We understand that taking legal action can be daunting, but we pride ourselves on our friendly and supportive approach. When you come to us, you can expect a personal service tailored to you and your needs. Call us on 0808 239 6043, and let us help you.

References:

Cleveland Clinic. (n.d.). Inferior Epigastric Artery. Retrieved from https://my.clevelandclinic.org/health/body/23945-inferior-epigastric-artery

ScienceDirect. (n.d.). Ischemic Injury. Retrieved from https://www.sciencedirect.com/topics/medicine-and-dentistry/ischemic-injury

NHS Resolution. (2023, July 13). Collaboration continues to cut costs and resolve cases without the need for litigation. Retrieved from https://resolution.nhs.uk/2023/07/13/collaboration-continues-to-cut-costs-and-resolve-cases-without-need-for-litigation/

Georgina Emsley

Solicitor, Medical Negligence

Areas of Expertise:
Medical Negligence

Georgina is a Solicitor who works in our Medical Negligence team here at Simpson Millar, based in our Manchester office.

She is a committed and highly reliable Solicitor with a track record of supporting clients through the process of making a claim to achieve the best outcome for them. Georgina has experience working on many high-value cases with a range of circumstances and complexities from start to finish, where she reviews medical records, liaises with experts and gathers evidence in order to negotiate the best possible settlement for her clients.

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