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Case Studies 2018-01-24T09:34:02+00:00

See some of our case studies below

Personal Injury and Medical Negligence Claim – Delayed Diagnosis

Our client brought a claim against Bury General Hospital where he sustained his injury as well as a claim against the hospital for misdiagnosis. He was originally diagnosed with concussion when it fact it was discovered that he had sustained a very serious frontal lobe brain injury which affected his ability to retain new information. Despite extensive rehabilitation he continues to require constant care.

Manchester High Court – Award – £875,000.00

Product Liability Claim

Our client underwent a routine hip replacement operation when after five years he suddenly developed severe pain and discomfort. Upon medical investigation it was found that the product used in the hip replacement was faulty and had leaked debris into his bloodstream.

Settlement out of court – Award – £25,000.00

Occupational Asthma Claim – Recovering compensation for future loss of employment

Our Client was a Blacksmith employed by Sheffield City Council when he contracted Occupational Asthma. The Council admitted fault but refused to accept our valuation of the case, making a final offer of £50,000 to settle before trial. We advised our client to reject this offer on the grounds that his future employment would be compromised as he could never return to his former employment. The judge awarded £104,000.00 in full and final settlement.

Sheffield County Court – Award – £104,000.00

Medical Negligence Claim – Falsification of medical records

We represented the family of a schizophrenic who had been sectioned and placed on one-to-one observations. The management required the patient to be observed every 10 minutes. Despite this protocol and repeated threats of suicide to his family, the patient managed to exit the hospital ward and committed suicide on the local train line. At the inquest, the observation notes stated “Patient seems fine”. At the point that entry was made, the patient had been dead for 4 hours.

We reached a settlement with the Trust on behalf of the family.

Occupational Dermatitis Claim – Additional award for psychiatric injury

Our client contracted occupational dermatitis which was so severe that it had serious psychological impact on his health, resulting in an attempted suicide. The Defendants accepted that the were liable for the contraction of dermatitis, but refused to increase their offer from £6,000, denying there was an additional psychological injury as a consequence of contracting the dermatitis. The court accepted our client’s case.

Chesterfield County Court – Award – £25,000.000

Medical Negligence Claim

Our client was firstly misdiagnosed with appendicitis when she was 34 weeks pregnant. When the appendectomy was due to take place, the hospital removed our client’s fallopian tube by mistake. This led to serious complications including psychological trauma. The hospital admitted fault and compensation is still to be determined.

The case settled on the issue of negligence and the value of the claim is still to be determined.

Medical Negligence Claim – Ensuring you obtain expert medical evidence

Our client slipped and fell in a hairdressers in London, sustaining a very serious leg fracture. Unfortunately, despite obtaining judgement against the hairdressers, it was revealed they had no insurance and no assets to enable them to pay compensation. However during the course of the case, our client complained about the treatment she received at the local hospital and we decided to investigate this aspect of her claim.

We obtained expert medical opinion which demonstrated that the fracture suffered by our client had not been treated properly, which had left her with a significant cosmetic and physical deformity. This would require further surgery involving a 12 month rehabilitation process. The defendants admitted breach of duty and negligence and paid substantial damages.

Settlement out of court – £50,000.00

Personal Injury – The risk of settling without legal advice

Our client was employed by McDermott Marine International as a deep sea diver, working off the west coast of Nigeria, when he suffered a Barotrauma (the bends) leaving him with significant hearing loss.

When we were first instructed, our client failed to tell us that he had already settled his case for £20,000 with the insurers. It was not until we commenced court proceedings that this information came to light. Having considered the evidence, we asked the court to make a preliminary judgement on whether or not the insurers had exercised duress and undue influence by persuading our client to accept an offer without independent medical evidence and the advice of an independent Barrister/Solicitor to advise on the settlement. The Judge accepted our argument.

Nottingham High Court – Award – £100,000.00

Professional Negligence – The consequences of rejecting offers

Our client was previously represented by solicitors in connection with a claim for damages as a consequence of injuries she sustained when falling down steps at a shop. The shop insurers accepted fault and made a number of offers to settle the claim.

Our client was advised to reject a £50,000.00 offer to settle which was made with cost consequences. The two issues in dispute were the retainer arrangement (terms of business) between our client and her former solicitors and whether her former solicitors provided negligent advice on the rejection of the offer following a protracted dispute. Our client’s former solicitors accepted liability for negligent advice and the dispute regarding the retainer which would otherwise have left our client with huge costs to pay, was also resolved in favour of our client.

Sheffield County Court

Personal Injury – How compensation can help overcome catastrophic injury

Our client, who was a single mother with three children under the age of six, sustained catastrophic injuries to her right leg which was amputated following a road traffic accident. The drivers insurers admitted liability straight away, the only issue related to the value of the claim and in particular the treatment and future care required by our client.

We were fortunate to get access to the top specialists in the country to ensure that our client not only had the most up to date prosthetic limb but also the best rehabilitation care paid for by the insurers. This has meant that our client has been able to retrain and set up her own business, learned to drive and move to a new home to be able to provide for her children.

Settlement out of court – Confidentiality clause  

Professional Negligence – The cost risk of rejecting the Defendants offer to settle

We were instructed by our Client to take over her case and initially consider an offer made by the Defendants  which was limited in terms of the period of time to accept, and carried cost consequences.

Our initial review was that the offer should have been accepted within the initial 21 days stipulated, and it was clear that to now accept the offer out of time would result in our client facing a cost penalty.

Subsequently separate issues also arose during the case which included a failure to properly advise the client on the basis of the retainer (agreement) that she entered into in her case, and secondly the failure to adequately insure the client against the potential cost liability.

This is a case where liability for the accident was admitted early on, and the solicitors had either ignored or decided to omit to ensure that our client would have clear instructions as to the basis of her retainer, and also cost protection in the form of an insurance policy.

We were successful in recovering damages in respect of her cost liability and also the failure to properly advise on the issue of the retainer.

Personal Injury – Prolonged medical investigation can benefit the client

Our client was employed as a lift engineer with Kone Lifts when he fell three stories down a lift shaft, sustaining life threatening injuries. Following a HSE prosecution it was found that whilst the employers were at fault for failing to ensure that there was secure fencing, our client was also partly to blame, for failing to wear a harness.

The defendants offered £98,000 but after prolonged medical investigation, it was revealed that our client had also suffered a serious spinal injury which previously had not been identified. This had a significant effect on his future employment prospects as our client was only 34 at the time.

Newcastle County Court – Award – £250,000.00

Fatal Injury – Corporate manslaughter?

 We were instructed on behalf of three men killed immediately in a gas explosion whilst employed by Amec in Newcastle.

In this particular case, the families had wanted to pursue an action for Corporate Manslaughter, but despite a lengthy inquest, it was decided that there were insufficient grounds at that time to pursue such an action. We recovered significant compensation on behalf of the three families and their dependants which was subject to court approval

Newcastle County Court 

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