Clinical Negligence

Case study 1

"A" injured her back and experienced acute low back pain. This gradually became more severe and she was admitted to hospital where a scan revealed a large disc prolapse. Unfortunately the hospital allowed her condition to deteriorate and she developed cauda equina syndrome. This left her disabled with severe weakness in her left leg and loss of control of her bowel and bladder functions. She needed to use walking aids indoors and a wheelchair when outdoors. Her disability led to the loss of her job and she suffered depression. PotterRees were able to obtain evidence to show that the hospital was to blame. We persuaded their solicitors to accept liability and although they later tried to backtrack and withdraw their admission, we were able to prevent this. We negotiated a settlement of over £1 million for her and we helped her set up a trust to allow her to keep her entitlement to state benefits, as well as making sure that the injury benefits she received from her employer did not affect her compensation.

Case study 2

"B" was a young man who sustained a head injury in an assault. He was immediately admitted to hospital. Unfortunately, he suffered a fit and whilst being put in the recovery position by a nurse, he sustained an injury to his shoulder. The injury was not properly diagnosed or treated. As a result, an infection developed causing an injury to "B's" spine. "B" is now partially paralysed as a result of the spinal injury and he also has limited movement in his shoulder. He will require care for the rest of his life and help with day to day activities. Following our instruction, the PotterRees Clinical Negligence Team was successful in obtaining an admission of liability from the hospital. After protracted negotiations we secured a settlement on behalf of "B" of £500,000.

Case study 3

"C" is the widow of a psychiatric patient. Unfortunately, "C's" husband committed suicide four days after he was discharged from a psychiatric unit. The PotterRees Clinical Negligence Team felt the circumstances of his death and discharge could fit the criteria to obtain public, (legal aid) funding for legal representation at the inquest. This funding is a one off award. It is separate to our client’s public funding for the clinical negligence case. We applied for exceptional funding under the Access To Justice Act 1999, first to the Special Cases Unit who then recommend funding to the DCA. The application has been successful on the basis that the evidence presented by the case raises potentially serious questions about the care received by "C's" husband. "C" was delighted that the application for funding by PotterRees was approved. She said that the circumstances of her husband’s death warranted further investigation and she was very pleased that the cost of her legal representation at the inquest was approved.

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