Clinical Negligence Case News - 39k+

A no win-no fee clinical negligence case was settled without the need for court proceedings where the clients skull was fractured during a rhinoplasty procedure. As a result the client suffered from drainage of cerebrospinal fluid through their nose, which led to loss of sensation due to nerve damage that they had sustained during the reparative procedure as well as a prominant scar causing moderate depression.

The client had damaged their nose during a car accident. They had a prominent nasal lump and slight malalignment of the cartilage. The client opted to have this mainly cosmetic problem treated privately by a company who offered cosmetic surgery. They did as much research as possible before opting for a well known company who advertised nationally. An initial consultation was held where they were told that they could have rhinoplasty later that same month.

However, during the course of the operation the Plastic Surgeon slipped and fractured the clients skull with some surgical instrument. As a result the client suffered from drainage of cerebrospinal fluid through the nose. They were immediately referred to a Neurosurgeon and underwent surgery to repair the fault. Although this second operation was a success, the client still had some problems with loss of sensation due to nerve damage that had been sustained during the reparative procedure. The client had been left with loss of sensation and nerve damage, together with a permanent craniotomy scar, something that is even more apparent due to the fact that the clients hair is thinning. The scar itself had healed in a raised, over granulated fashion, something which made the client even more acutely aware of it’s existence. There was a possibility that further surgery might be able to remedy this, however, with this came the chance that the scar could be made worse.

The client developed a moderate depression following the operation for which the expert Psychologist suggested a course of 12 sessions of Cognitive Behavioural Therapy (CBT). The solicitor dealing with the case settled this case without the need for court proceedings and the client was awarded compensation in the sum of £39,500. This settlement award took into account the additional time that the client had to take off work whilst they underwent the second operative procedure, the fact that they had to undergo a second operation (an anesthetic), the scar, the pain, injury and suffering and the loss of amenity that they suffered as a consequence. The client was also provided with funds to take up a course of psychotherapy on a private basis and was awarded the cost of any further remedial surgery that he might choose to have with regards to revision of the scar. Peter’s case was conducted with the benefit of a ‘No Win No Fee’ Conditional Fee Agreement.

Matter Value: Substantial value claim – £39k+ further optional care

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