Claim for troublesome teeth

April 21st, 2010

Dentist treatment can lead to claimsWe recently worked on a case involving a lady who had treatment at hospital over a number of years from her teens due to troublesome teeth. The problem related to her molars and the Orthodontic Consultant tried using braces to descend the teeth in to alignment.  Unfortunately the treatment did not work and led to the wearing of various braces over a number of years. By the time I was instructed the lady was at the end of her tether.  Expert evidence was obtained that caused the ongoing Orthodontic treatment to be abandoned, the 2 teeth removed and implants to be inserted. This gave the client her confidence back.  The Hospital Solicitors settled the case on the basis of paying for the implant treatment, (at a cost of around £8,000) as well as paying general damages for the pain and embarrassment of £17,000.

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Successful claim after mis-diagnosis

April 20th, 2010

Claim after medical operationHere at Pryers solicitors in York we work on various clinical negligence and personal injury cases. Recently we concluded a medical negligence case against an NHS Trust in which a patient had an operation in which his full stomach was removed (gastrectomy). He had been told that he was suffering from cancer when in fact after biopsies were carried out it was revealed that he was not suffering from cancer, he was suffering from a peptic ulcer. The Trust fought the case, literally up to the door of the court before conceding negligence and agreeing the settlement which included damages for the stomach removal and the lifetime effects of that as well as damages for lost earnings and other expenses.

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Large settlement for cerebral palsy child

April 19th, 2010

Problems can develop during child birthHere at Pryers solicitors in York we have recently been involved with a case involving a child with cerebral palsy.  Normally cerebral palsy cases are brought arising from oxygen starvation in the course of a birth but in this case the allegation was that because of the child’s father’s hereditary condition, the child should have had a full blood transfusion immediately after birth.  Failure to carry out the transfusion caused the child to develop jaundice and brain damage.  The case was eventually conceded by the Defendant NHS Trust and a settlement was agreed at a round table meeting which included a substantial payment in respect of the damages for the brain damage, future care, aids and equipment and loss of earnings.  Additionally by the time of the settlement the family had moved to new accommodation allowing a lift to be installed.

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Claim after drain left inside operation patient

April 18th, 2010

Claim after medical operationPyers solicitors in York have recently completed a case involving a woman who had a full hysterectomy carried out. After the hysterectomy she had ongoing internal pain and discomfort.  It was some months later that on full examination one of the drains used in the course of the operation was still found to be inside her.  The drain was removed and the pain and discomfort was then gone.  A settlement was agreed on the basis that it was medically negligent to leave the drain inside and not to carry out the necessary checks after the hysterectomy to ensure that everything had been removed.  A settlement was agreed in the sum of £3,500.

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Large settlement for man after hip replacement surgery

April 15th, 2010

Surgery can lead to clinical negligence claimsHere at Pryers solicitors of York we are pleased to say we’ve settled a case for a man after replacement hip surgery. This clinical negligence case involved a hip replacement that went wrong on a man of 60 years.  As a result of the hip replacement, the surgeon caused the prosthesis to fracture the femur which allowed a pocket of infection to develop.  This caused the Claimant to require significant revision surgery and then for the full removal of the hip whilst the infection was cleared.  As a result of his injuries he was ill health retired from his long standing employment.  The matter proceeded against the individual’s surgeon because the treatment was private.  At the final hearing the Defendant fully conceded liability for clinical negligence and causation and the case settled with a payment reflecting his pain and suffering, his loss of earnings and also the need for him to move to single storey accommodation.  Interestingly, in this case the Defendant had offered £235,000 in settlement but at the final hearing the case settled without any evidence being given with the Defendant increasing up to £435,000 in settlement which was acceptable to the Claimant.

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