Proving Negligence Can Be Tough, But Expert Lawyers Are Not Deterred

Doctor holding clipboardEven in the absence of proof of clinical negligence, expert personal injury lawyers are capable of winning compensation for their injured clients. In a case on point, a 10-year-old boy won a compensation package worth more than £8 million despite continued NHS denials that medical staff were to blame for his grave disabilities.

The boy, who was then nine months old, was pale and failing to thrive when he was taken to hospital. He was discharged home, but readmitted about 10 days later after his condition acutely deteriorated. He suffered a circulatory collapse which led to brain damage, cerebral palsy and disabilities that meant he would always need around-the-clock care.

Lawyers launched proceedings on his behalf, claiming that more could have been done to save him from that catastrophic outcome. The NHS trust which ran the hospital denied that its staff had been negligent but, following negotiations, it agreed to settle the boy’s claim for 77.5 per cent of its full value.

Together with a lump sum of £3,677,500, the settlement means he will receive index-linked and tax-free annual payments to cover the costs of his care for the rest of his life. They will start at £177,500 a year before rising to £214,362 a year when he reaches the age of 19. On attaining that age, he will also receive £17,875 a year to compensate him for his lost earnings. The boy is expected to live into his mid-30s and, capitalised over his lifetime, the settlement is worth £8.71 million. The High Court approved the settlement.



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