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 client was diagnosed with cervical compression and had to undergo surgery to decompress parts of his spine. After his operation, he complained of pins and needles and a lack of active movement in his arms, however no investigatory action was undertaken and the client was discharged from hospital.
At a follow-up appointment there was some confusion around and conflicting information given regarding the operation. A second opinion recommended a scan which found the presence of the condition, Myloemalcia, at the same locations in the client’s spine. This meant there had been inadequate decompression which had resulted in further instability to his spine. The client had sadly suffered irreparable damage to one particular section of the spinal cord which forced him to use a wheelchair.
Anthony Collins Solicitors’ clinical negligence experts were instructed to pursue a claim against the NHS Hospital Trust and this complex spinal surgery case was supported by specialist medical expertise dealing with both orthopaedic and neuro-surgical issues. The conflicting information provided to the client meant the team had to decipher the medical records very carefully, in line with the factual evidence that was collected on his behalf.
Following strenuous denials, ultimately there was an admission that damage at one specific part of the spine was negligent and that there had been a failure to decompress appropriately. The remaining injuries were denied. The operation note had allegedly been lost by the Hospital Trust which made it difficult to piece the jigsaw of conflicting information together. Following final negotiations, a satisfactory settlement was reached from the perspective of the client, enabling him to better control his future and ongoing physical symptoms.
“I can only suggest that if there are no notes there must be pressure put on to the NHS to keep better notes. This case was handled by Sarah Huntbach who did the best she could without full information of the surgical operation. Thank you.” Client S
For more information
For help with a potential clinical negligence claim, please contact Sarah Huntbach on firstname.lastname@example.org or 0121 214 3579.
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.
In a challenging economic climate with continuing budget cuts and increasing expectations of staff, sickness absence remains an ongoing problem that is important to address.
Social housing providers will routinely have a number of construction projects underway at any one time. It is essential for client teams to understand and avoid key contract management pitfalls.
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.