Orthopaedic Negligence Claim Settled for £250,000

Darren Tamplin has secured a £250,000 settlement for his client who suffered permanent injury and disability as a result of a local NHS surgeon negligently removing a piece of her collar bone.

The settlement includes compensation for pain and suffering, loss of earnings and the provision of care and assistance given by family members. Darren’s client said that she can now begin to move forward with her life knowing that she has the money that she needs to pay for the ongoing private physiotherapy that she requires as well as to cover day to day living costs that have become a struggle as the result of her being unable to work.

Darren said:

I am delighted for my client that this case, which was unecessarily drawn out by the Defendant, the local hospital Trust, has now settled.

The claim arose as a result of a negligently performed operation in 2002 during which the surgeon thought he was removing a cervical or extra rib. In fact he mistakenly removed a piece of my client’s clavicle or collar bone. She suffered severe physical pain, loss of stability of her shoulder, loss of mobility and strength of her right arm and also with depression as a consequence of the error. She was unable to return to the well-paid work that she undertook before the operation and still has yet to find suitable employment in light of her ungoing disability.

After fully investigating the case, including obtaining expert medical reports, a letter of claim was sent to the defendant hospital who instructed a firm of solicitors to act on its behalf. Whilst the error or ‘breach of duty of care’ was rightly admitted as such at a relatively early stage, the solicitors that acted for the hospital refused to acknowledge the severity of the injuries casused to my client and offered her the frankly insulting amount of £5,000. Unsurprisingly, this offer to settle her case was rejected.

Following ‘issuing proceedings’ or formally starting my client’s claim at Court, a District Judge ordered a timetable to progress the case towards a final trial to decide how much compensation she should receive. Following the disclosure of various pieces of documentary evidence and after the exchange of witness statments prepared on behalf of my client and members of her family, the defendant offered to settle the case for £250,000. After fully advising her concerning the pro’s and con’s of accepting this offer, at this stage, my client instructed me to accept it.