The claim has been settled out of court, without any admission of liability, after ACS sued the hospital trust on behalf of a client referred to as Mrs C.
Northampton General Hospital NHS Trust had denied the management of the pregnancy was negligent and also denied responsibility for the ongoing outcome of the injury suffered.
ACS senior associate Sarah Huntbach, a personal injury and clinical negligence expert, said it was an unfortunate case where an injury had happened during the birth of Mrs C’s second child which led to further consequences.
ACS had maintained, on behalf of Mrs C, that an injury which could have been prevented during the birth had led not only to a physical injury, but also psychiatric problems of moderately severe depression, affecting Mrs C’s confidence and her relationships and having a knock on effect on her daily living activities.
The injury had meant she was unable to continue her previous job and had to be deployed into an administrative role at the school where she worked.
Ms Huntbach said: “Her marriage also broke down, which was considered to be in part due to the consequence of the injury she suffered.”
The settlement of £80,000 was considered by ACS to include general damages in the region of £60,000, with special damages consisting of gratuitous care, loss of a holiday, past medical prescriptions and ongoing medical treatment required, with a small award in consideration of potential employment issues in the future.
Following the agreement of the settlement, Mrs C said: “I can’t thank you enough for all you have done for me.”
Sarah Huntbach added: “Access to medical expertise, and modern medical advances, means that the majority of us receive excellent standards of care. However, things can, and unfortunately do, occasionally go wrong.
“Our Clinical Negligence team is here to help in these difficult times.”
Anthony Collins Solicitors has a national reputation for its work in the fields of personal injury and clinical negligence, having won numerous accolades.
The industry “bibles” The Legal 500 and Chambers UK Guide both recommend Anthony Collins Solicitors as one of the leading law firms in clinical negligence in the West Midlands.
The Legal 500 notes: “The team’s expertise includes dealing with inquests and peripheral community care claims, mental capacity issues and Court of Protection work. The team is ‘acutely sensitive’ of clients’ needs.”
If you have suffered this type of injury, or are concerned about any adverse outcome following surgery, please contact Sarah Huntbach (Senior Associate in our Clinical Negligence Team) on 0121 212 7476 or sarah.huntbach@anthonycollins.com.
On 23 July, trainees from Anthony Collins Solicitors will host an ‘experience day’, which will involve various activities and presentations, with lawyers and non-lawyers from across the firm.
In the second part of our series on contract management pitfalls, we look at the risks and opportunities presented by payment mechanisms in construction contracts.
Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
The UK Government has been consulting on how it should promote social value in its procurements. Here is our response that we submitted to the consultation...
The Tenant Fees Act 2019 came into force on 1 June 2019.
A recent case in the Court of Appeal will no doubt bring a sigh of relief for employers, but a corresponding sigh of disappointment may be uttered for equality and gender balance in the workplace.
This briefing assists response to the consultation paper by outlining the consultation questions, providing some background information and prompting some thoughts and potential answers.
A report published on 29 May by the Institute for Fiscal Studies (IFS) has found that since 2009-10, local government spending on services has fallen on average by 21% in real terms.
A long-awaited decision of the Court of Appeal has clarified that a lower standard of proof should apply than previously thought before an Inquest can return a conclusion of suicide.
New regulations come into force on 1 June 2019, amending the Section 21 (s21) prescribed form template for use with assured shorthold tenancies.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.