£220,000 awarded for chronic pain after surgery
The High Court approved the settlement of a chronic pain claim that a man age 24 at the date of the injury had suffered complete paraplegia when his spinal cord was damaged during the course of an operation.
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In 2008 the claimant who had a history of poorly controlled diabetes was in hospital for an operation on his pancreas which would have involved a transplant.
During the course of that operation his spinal cord was injured and as a result he was rendered completely paraplegic. It took 24 hours for the problem to be recognized and accordingly the claimant instructed solicitors to seek compensation on his behalf.
The solicitors made the claim to the relevant NHS Trust and approximately a year after the operation the defendant solicitors admitted liability.
The issue that the parties and then the Court had to consider was what would be the appropriate compensation to pay to him. That figure was complicated because he already had a major health problem with his diabetes before the operation occurred but the medical evidence was that whilst all his health complications could not be put down to the failure of the defendant hospital they had a major affect upon his life expectancy and greatly increased his future care needs.
This young man would require the use of a wheelchair at all times, would have significant care needs during the course of his life and that life expectancy had as a result of the negligence of the hospital staff been reduced by 10 years.
Clinical negligence was admitted.
Conclusion and settlement
The claim was agreed by the respective solicitors and the total compensation that was paid to this young man was in excess of £8 million of which £220,000.00 was for his pain and suffering and the rest would be cover the extensive and expensive care needs for the rest of his life.
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About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.
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