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Factory Worker's £550,000 Spinal Injury Claim Victory20th Jun 2017

by David Simpson on 20th Jun 2017

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Coles Miller medical negligence solicitors helped a 40-year-old factory worker to claim £550,000 in compensation after a botched spinal operation.medical negligence solicitor David Simpson - a Partner at Coles Miller, Poole, Dorset

Mr A suffered permanent injuries after a surgeon operated on the wrong part of his spine and damaged a nerve.

Mr A’s £550,000 Surgery Compensation Claim

Mr A asked Coles Miller to take legal action against Norfolk and Norwich University Hospital NHS Foundation Trust after the failed operation left him with constant back pain and difficulty walking.

It forced him to give up his full-time factory job and part-time work cleaning windows. His injuries include:

  • permanent nerve damage – affecting his ability to move
  • complex chronic pain
  • severe weakness and constant tightness in his right ankle
  • significant weakness in his right hip
  • right foot drop – it is very sensitive to touch.

How Coles Miller Helped Mr A

Coles Miller sued Norfolk and Norwich University Hospital NHS Foundation Trust on behalf of Mr A.

Our solicitors ran the case on a No Win No Fee basis – so there would be no financial risk to Mr A. We would cover all the legal costs if his claim did not succeed.

The hospital trust admitted a breach of duty after Coles Miller presented irrefutable medical evidence of how the surgery had left Mr A with severe and permanent injuries.

Hospital officials said: “The clinician operated on the wrong level of the spine and mistakenly divided the nerve root…breach of duty is admitted in relation to this allegation.”

Coles Miller was able to obtain compensation for Mr A without the case having to go to trial. He agreed to the trust’s out-of-court settlement offer of £550,000.

Serious injury medical negligence cases can sometimes take many years. But the strong case compiled by Coles Miller prompted the trust to admit breach of duty just 13 months after the failed operation.

Mr A will require significant care for the rest of his life. The compensation paid by the hospital trust will help to fund this as Mr A is no longer able to work in his previous occupations. Following his injuries, he is now capable only of part-time sedentary work and therapeutic employment.

What Coles Miller Said

“Our client is a hard working family man, he is very conscientious,” said Coles Miller Solicitors Partner David Simpson, head of the Medical Negligence Department.

“His main concern was for his wife and children and how he would be able to provide for them following his injuries.

“The £550,000 payment is a sizeable sum of money that will fund our client’s ongoing care and compensate him for his loss of earnings now he’s no longer able to work in the way that he once did.”

What Mr A Said

“I have to say that I was very happy with David Simpson at Coles Miller, right from the start when he told me that I had a good case.

“The communication was fantastic – whether by telephone, email or letter – and the secretarial assistance was excellent too.

“They have been great. I am very pleased with the settlement. I know that David did his very best for me.

“The money will be put to good use. It enables me to provide for my family and gives me a safety net knowing that if there is something I need – for example a wheelchair or other equipment to help me with day-to-day matters ¬– then I can go ahead and buy it.

“I am happy to recommend David and Coles Miller.”

Do You Need Help?

Have you suffered as a result of medical negligence?

Contact Coles Miller to find out more about No Win No Fee medical negligence claims, 01202 355695.

This document is not intended to constitute and should not be used as a substitute for legal advice on any specific matter. No liability for the accuracy of the content of this document, or the consequences of relying on it, is assumed by the author. If you seek further information, please contact Managing Partner Neil Andrews at Coles Miller Solicitors LLP.