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 Claimant was born with glycogen storage disease type 3, as a result of which she had to have Maxidul fluid administered to her each night via a gastro-stomi in order to keep her body functioning satisfactorily. On 21 November 2003, the Claimant was admitted to the Defendant hospital with a high fever having been violently sick. It was decided to feed her a water and dextrose solution through a cannula. Thereafter the Claimant’s right arm became swollen and she complained that her hand was hurting. The cannula was removed. The Claimant’s arm was so swollen that the identity label she was wearing had to be cut off. The Claimant’s arm remained swollen and painful for approximately one week and the back of her hand became blistered. A splint was applied and it was only two months later that the Claimant was able to use her right hand normally. She sought to recover damages accordingly. Following the receipt of instructions, the matter was considered and medical records were gathered. Liability was admitted. Psychiatric evidence was obtained from Dr A Markantonakis, who considered that the Claimant suffered from a needle phobia as a result of the incident which occurred in November 2003 and recommended six to seven sessions of cognitive behaviour therapy. The report was served and the Defendant was requested to fund treatment. An interim payment of £840 was subsequently received. The Claimant underwent seven sessions of therapy with Dr Markantonakis and a second report was obtained, which concluded that the Claimant had made a good recovery from her phobia. The report was served. On 20 October 2006, the Defendant made a Part 36 offer to settle the claim in the sum of £3,500, which amounted to £2,660 plus the £840 therapy costs already paid. Counsel’s advice was obtained. On 8 November 2006, the Claimant put forward a counter-offer in the sum of £4,000, which was accepted. Instructing solicitors were further engaged in the preparation of a Part 8 claim form, particulars of claim and witness statements in respect of the infant settlement approval hearing and a consent order was agreed between the parties, which was approved at the hearing .