UK Wide Medical Negligence Claims Service
We have specialist Medical Negligence Claim Solicitors across England, Scotland, Wales and Northern Ireland waiting to help you now.
We have specialist Medical Negligence Claim Solicitors ready to help you across the UK
Cerebral Palsy Victim Recovers In Excess of
£5 Million Medical Negligence Compensation
Mr B, aged 23 at the date of settlement, was born following a difficult labour and delivery.
Mr B suffered a period of severe and prolonged oxygen deprivation during his birth which resulted in him sustaining permanent brain damage. Mr B has severe dystonic-athetoid cerebral palsy. He is wheelchair dependant and reliant upon others for all aspects of his daily life.
Mr B’s parents did not consider pursuing a claim against the Hospital for many years as their main concern was their son’s health and well-being and their time was completely taken up with ensuring that they provided him with the best quality of life that was possible. However, when Mr B was aged 15, his parents realised that they would not always be able to care for their son in the future and they needed to make plans to ensure that he was properly cared for. Mr B was eligible for Public Funding (Legal Aid) and a Certificate of Public Funding was obtained to cover the cost of the investigation of his claim.
A request was made for disclosure of the obstetric records relating to Mr B’s birth. However, the Defendant Hospital advised that all of these records had been lost or destroyed at an earlier stage. Despite extensive enquiries being undertaken, it was impossible to locate the records.
It is often impossible to pursue a claim if the relevant medical records are missing, but despite this enormous difficulty, our expert medical negligence Solicitor was able to find sufficient evidence to persuade a number of independent medical experts to support Mr B’s claim.
The Defendant Hospital initially denied liability and it was necessary to commence Court proceedings. However, after the proceedings were served the Defendant Hospital entered into early negotiations with a view to resolving the liability issues and an agreement was reached which compromised the liability issues on the basis of an apportionment of liability of 85:15 in Mr B’s favour. This meant that Mr B would recover 85% of the value of his claim as agreed between the parties or awarded by the Court.
As Mr B did not have the mental capacity to manage his own affairs, an Application was made to the Court of Protection and his mother was appointed his Receiver.
As Mr B was a patient of the Court of Protection, it was necessary to obtain the approval of a High Court Judge to the proposed apportionment of liability. At the hearing, the Judge indicated that he was very happy to approve the apportionment which had been agreed.
As soon as the settlement in relation to the liability issues had been approved by the Court, an Interim Payment of Damages in the sum of £500,000 was obtained for Mr B which enabled his parents to purchase an alternative property which could be adapted and extended to properly provide for his long-term needs. It also enabled a Case Manager to be appointed and carers to be employed to take over Mr B’s care from his parents who had provided it throughout his life. Thereafter, a detailed investigation was undertaken to value Mr B’s claim. This involved the instruction of a large number of experts to advise on different aspects of the claim, such as Mr B’s needs for care, aids and appliances and accommodation, as well as his needs for therapies and the provision of technology. A very detailed Schedule of Mr B's losses and expenses was served and following service of a Counter-Schedule by the Defendant, negotiations were undertaken which resulted in a settlement being reached.
It was agreed that Mr B’s claim would be valued in the sum of £5,705,000. After making a reduction of 15% to take account of the agreed apportionment of liability, it was agreed that Mr B was entitled to receive a sum of £4,849,250.
At this point, further investigation was undertaken to determine whether it was appropriate for Mr B to receive the agreed damages in the form of a single lump sum payment, or whether he should receive a smaller lump sum payment together with annual periodical payments for the remainder of his life. After a detailed investigation, instructions were received from Mr B’s parents to accept the offer to pay a single lump sum payment.
It was again necessary to have the terms of the Agreement approved by the High Court. At the Hearing, the Judge confirmed that he was very happy to approve the Agreement which would undoubtedly provide for Mr B’s future.
Have You Been The Victim Of Medical Negligence?
If you would like 1stClaims' expert Medical Negligence Solicitors on your side please call us free on 0800 2888 693 (from a mobile click to call: 01348 630 720) or complete our Free Claim Enquiry form now and we will be in touch with you very soon.
Remember, all initial enquiries are completely free of charge and the solicitor will investigate all funding options for you.
We are here to help you from 8am to 8pm Monday to Friday,
8.30am to 6pm on Saturday and 9am to 6pm on Sundays.
What Happens Next?
Complete a Quick Claim Enquiry and this is what you will benefit from:
- Advice on whether you can make a claim and how the claims process works from a specialist claims solicitor;
- Compensation - what can you claim for and how much are you likely to receive;
- Costs - whether you will qualify for a no win no fee claim or details of other methods for funding your claim; and
- An explanation of what will happen next if you decide to carry on and make a claim (how your solicitor will take care of everything for you).
All on a free, no obligation Quick Claim Enquiry Advice Call.
Has a solicitor been in contact? Yes, they rang within a couple of hours
Was our website easy to use? Yes
Would you recommend our website to anyone else thinking of making a claim? Yes definitely
Out of 5, please rate the ease of use of our website or service. 5
Any other comments or suggestions that would make it easier to ask about claiming? No, it was a really good service and very quick
A to Z Of Medical Claims
Why Choose Us for Your Medical Claim?
- Completely free, no obligation enquiries
- Expert medical negligence solicitors selected for you by experts with 12 years of claims experience
- Legal Aid Available
- Private treatment available
- Our service is completely free for you