Claim settled for unrecognised breathing and swallowing difficulties in child

Our clinical negligence team has acted on a significant case involving a couple whose repeated concern about their child’s breathing and swallowing difficulties were persistently disregarded by the defendants.

Despite the couple providing videographic evidence and making sustained efforts to secure a formal assessment, the defendants continued to deny liability.

The team working on this case, led by partner John Kyriacou, initially issued a pre-action protocol letter and a Part 36 offer. It was only when faced with the threat of court proceedings that the defendants made an offer to settle. The case was ultimately resolved without any admission of liability.

Although the claim initially appeared disproportionate in terms of likely costs versus damages, we felt strongly that it warranted pursuit. The parents were desperate for recognition of the pain, injury, and suffering their child had endured, and it was important to advocate on their behalf to seek justice and accountability.

To support the claim, we obtained five expert reports, all of which were favourable and served to the defendants on a without prejudice basis. These reports were critical in establishing the strength of the case and demonstrating the impact of the defendants’ failings.