Derby medical negligence claim solicitorsDerby medical negligence claim solicitors

McIntosh Fleming Lawyers, specialise in no win no fee claims, and we guarantee that you keep all of your compensation without any deduction for our charges. E-mail  gary@derby-solicitors.co or ring us on 0800 1712215

Case Study

The claim arises out of a serious road accident late on the afternoon of Sunday 22nd August 2004 in which M came off his motorcycle at high speed in collision with a motor car on a country road. M was heavily sedated and airlifted to University Hospital Birmingham (“UHB”) at Selly Oak.The claim relates to the failure by the QEH treating doctors to detect the lumbar injury prior to surgery . A report was obtained from an Orthopaedic Surgeon ,Mr M Foy, which was adverse to M’s case. Even after detailed exploration of his analysis in conference he remained of the view that it was reasonable to proceed to surgery notwithstanding that M was complaining of back pain.
The LSC then discharged the certificate but this was successfully appealed. Protective proceedings were issued and permission obtained to extend time for six months. Meanwhile a report from Ms Phillips, Consultant Orthopaedic Surgeon was obtained and her conclusion was in essence that the care provided by UHB was below the required standard. The claimant had made almost a full recovery and returned to work. He became financially ineligible for public funding and a CFA wao signed up .Proceedings were served and a report obtained from a spinal surgeon , Mr Gardner, which only attributed some causation to the Defendant’s negligence. Witness statements were exchanged and then the Defendant served a report from Mr Webb , Spinal surgeon, denying liability. An offer of £30k was put forward and after a conference with counsel in which he highlighted the case’s difficulties the client accepted.