Five-Figure Settlement in Fatal Medical Negligence Case
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Elline Demetriou
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Osbornes Law secures a five-figure compensation following a fatal medical negligence claim
Osbornes acted for our client, E, who brought proceedings on behalf of the estate of X, relating to negligent treatment X received in 2017.
The background
X attended A&E on 20 December 2017 with a five-day history of dizziness that was getting worse. X was seen and discharged home with safety netting advice.
X attended A&E again the following day with right sided neck pain. X was diagnosed with vertigo, given Betahistine and discharged on the same day. On 22 December 2017 X was transferred to A&E via ambulance with a one week history of dizziness, unsteadiness and headaches. A CT scan was performed which showed a 2cm lesion in X’s left cerebellar hemisphere with oedema and obstructive hydrocephalus. X was diagnosed with a cerebral malignancy and referred to Neurosurgery. An MRI of the brain confirmed a left cerebellar lesion. It also showed additional multifocal enhancing lesions in the basal ganglia and the cerebral cortex bilaterally. The clinicians’ working diagnosis was of cerebral malignancy.
On 27 December 2017 X underwent surgery for the excision of a brain tumour. However, X’s condition deteriorated post-operatively and left X unable to speak and with left sided weakness. X also soon required nasogastric tube feeding.
A repeat MRI on 10 January 2018 led clinicians to consider a differential diagnosis of a central nervous system infection. The biopsy results of the excised tissue confirmed a diagnosis of toxoplasmosis. Treatment was commenced immediately but this was approximately 14 days after X’s operation.
X unfortunately showed little clinical improvement and was unable to return to independent living. X died in 2019, 15 months after admission to hospital.
Legal proceedings
A Letter of Claim was served on the Defendant Trust in June 2022. The Letter of Response was not received until January 2023, denying liability. Osbornes responded to the Defendant, challenging their denial as we considered the claim ought to be capable of resolution outside of Court proceedings. The Defendant confirmed they would be replying to this challenge letter but despite our client allowing them a generous amount of time in which to do so, there was no indication of when this response would be provided. Our client was therefore advised to issue Court proceedings to avoid any further delays.
The outcome
Despite initial resistance from the Defendant Trust, our team meticulously challenged their denial of liability, ultimately leading to a swift admission of fault and a substantial five-figure settlement. This outcome underscores Osbornes’ commitment to achieving justice for our clients. Our medical negligence team is renowned for its compassionate approach, thorough investigation, and relentless pursuit of fair compensation. With a proven track record of success, we stand ready to support and advocate for those affected by medical errors, ensuring their voices are heard, even when they are no longer with us.
How Can We Help ?
If you or a loved one have suffered to poor medical care, our experienced Medical Negligence solicitors are to help you. Our expert team will be able to guide you through complaints process and ensure a fair settlement for you. Contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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“Small but very effective and experienced team so every client benefits from the personal touch but also highly skilled litigation know-how. Capability of the team means they can handle all aspects of very complex cases as well as straightforward matters.”
“Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.”
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Osbornes are always professional and diligent in respect of their clients.
Osbornes has an excellent depth of experience across the team.
Across the board, they are all a pleasure to work with. They always keep a pragmatic head and all have an eye on the best outcome for the client.
Small but very effective and experienced team so every client benefits from the personal touch but also highly skilled litigation know-how. Capability of the team means they can handle all aspects of very complex cases as well as straightforward matters.
Osbornes deals with fatalities incurred during traffic and workplace accidents.
Osbornes covers a spectrum of spinal cord and brain injuries, as well as fatal accidents.
Ben Posford leads the catastrophic injury team and regularly represents claimants in neurological injury and fatal accident claims. He also has a niche specialism in claims involving cauda equina syndrome.
Stephanie Prior is head of the clinical negligence department at Osbornes Law. She acts on a wide range of issues, including claims for brain injuries sustained at birth and delays in diagnosis. She frequently represents clients in fatal claims involving surgical error.
"Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."
"Stuart is also very experienced in advising on fatal accidents and workplace accidents."
"Stephanie Prior... manages a varied caseload, including obstetric claims, child and adult brain injury cases and fatal and non-fatal spinal cord injury cases."
Stuart Kightley is praised for his expertise in catastrophic and fatal claims. Clients say he is very impressive, in terms of both his experience and his management of the personal injury team.
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