Posted: 17/01/2014
Penningtons Manches’ clinical negligence team has settled a fiercely defended clinical negligence claim in which it was alleged that an orthopaedic surgeon at North Hampshire Hospital in Basingstoke caused severe nerve damage to our client’s left arm during surgery, leaving her with permanent symptoms.
After surgery to remove a painful lump in her left armpit, our client required more surgery to release tissue because the surgeon had stitched up the wound too tightly. This led to a series of further problems, requiring two more surgical procedures, after which it was discovered that our client's intercostobrachial nerve had been damaged. Our client needed yet more surgery to deal with the nerve damage. She was left with ongoing symptoms of pain and altered sensation in her arm.
Despite the sequence of events and our client's injuries and the fact that our independent expert was very critical of the care provided, the claim was fiercely defended well into court proceedings. Although the defendant Trust maintained that its surgeon was not to blame, it entered into settlement negotiations and our client received significant compensation for her injuries.
Elise Bevan, associate in the clinical negligence team said: “This was a complicated case in terms of the number of operations performed and ascertaining how and when the damage occurred and the fact that the North Hampshire Hospital denied any fault on the part of its surgeon. However, in view of our strongly supportive expert evidence, we took the step of issuing court proceedings to progress the matter and, ultimately, the Trust decided to settle the case rather than continue to contest it.”