Accident and Emergency
This is often the first point of contact a patient will have with the NHS due to an illness or after an injury. The staff who practise in emergency medicine have skills in prevention, diagnosis and management.
Case reports
T -v- Calderdale & Huddersfield NHS Trust
The Claimant was taken to the Accident & Emergency Department at Calderdale Royal Infirmary after being knocked down by a car
and was diagnosed as having an unstable short spiral fracture of the right femur. Her leg was placed in a splint which had to be re-applied because it was the wrong size. She was admitted to the children’s ward of the hospital. She remained in hospital but there was a failure to monitor the healing process of her leg in the splint, to the extent that poor union of the femur was achieved and her leg was bent when the bone was healed and had a boney protruberance. The bowing of the leg also entailed shortening of the femur and consequently the leg itself.
The case settled for £28,000.00 which included damages for care provided to the Claimant by her parents, the cost of some reconstructive surgery on her scarring and damages for her psychological distress, as well as for the leg injuries overall and for the otherwise would have been unnecessary.
Court awards Abigail £1.35m compensation after clinical negligence
Wednesday, 22 July 2009 00:00 | 
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Abigail Thomson, now six-years old, has developed quadriplegic cerebral palsy. Quadriplegia is a form of cerebral palsy that affects all limbs. The condition affects Abigail’s movement and co-ordination.
Her condition is a result of negligent delay at the time of her birth. She was delivered in March 2003 by staff at St Mary’s Hospital in Portsmouth. At the time of birth she was starved of oxygen. The hospital admitted liability for the breach of duty at an early stage. They agreed to settle the claim.
Abigail will need a high level of care and attendance for the rest of her life. The case was brought against the NHS trust by her mother, Jacqueline, on her behalf. The family will need this compensation to provide her with the care that she deserves. In addition to the £1.35 lump sum, Abigail will also receive tax-free payments to cover the cost of this vital care. The payments will vary depending on Abigail’s age. They will peak at £115,000.00 per annum after the age of 19. These payments will continue for the rest of her life.
Mr Justice Eady agreed the settlement. He stated “There is a remarkable history of devoted care by this family over a considerable period of time”.
Neil Block QC, acting for the NHS trust, also paid tribute to the years of outstanding care her parents have given her. He said: “We fully appreciate that no amount of money can compensate Abigail for what she has lost, but we hope that this settlement will provide financial security and help to lift the family’s burden”.
The NHS trust issued an apology for this tragic breach of duty. No further details were offered by the trust.
For further information on cerebral palsy please follow the link: http://www.scope.org.uk/
John Pickering and Partners LLP
Further information:
Ellen Butler, Solicitor
John Pickering and Partners LLP
20 Clare Road
Halifax
HX1 2HX
Telephone: 01422 345535
E-mail: eb@johnpickering.co.uk
Website: www.johnpickering.co.uk
FREEPHONE: 0800 854201
Notes
John Pickering and Partners LLP
About Us
Our clients are people who have suffered injury as a result of a medical accident in the UK. We are clinical and medical negligence solicitors. We handle negligence claims against hospitals, GP’s and other medical practitioners for clients across the UK.
We try to obtain maximum amounts of compensation.
We are committed to providing public funding (previously known as Legal Aid) and have a franchise from the Community Legal Services Commission. This means that they have looked at the firm carefully and approved of the way we work. They consider that we are medical negligence claims specialists. They trust us to handle medical accident claims properly.
If you are not eligible for public funding, we can offer a Conditional Fee Agreement, also known as a ‘no win, no fee’ agreement with insurance. We shall check the best method of funding your claim.
All 3 of our offices (Liverpool, Manchester and Halifax) are accredited by the Association of Personal Injury Lawyers.
Claire Horton is an experienced clinical negligence solicitor. She continues to practice as an independent funding ajudicator for the Legal Services Commission and acts on a pro-bona basis for the AvMA helpline.
We provide free initial advice to people seeking information about a potential clinical negligence claim.
If you need advice about a clinical negligence claim, contact us now for information about making a claim for compensation.