Medical Negligence Cases

1. Master R S v NHS Trust

In this case the head of the personal injury team, Adrian Cormack, is acting for a child who developed severe brain injury, epilepsy and blindness following mismanagement at birth. Now eight years of age, the client requires specialist schooling and care.

Working closely with the client’s parents, the firm is actively involved in every level of this client’s claim and ultimately his rehabilitation. In a claim of this magnitude there are many facets to consider. Adrian Cormack excels at seeing the big picture whilst never losing track of the ultimate goal.

From securing an interim payment in the sum of £50,000 to fund specialist schooling down to sourcing and costing the price of specialized prescription swimming goggles, no task is too daunting or too small.

2. O v Dr N and Others

The head of the Clinical Negligence Team, David Simpson has successfully concluded a claim against four GPs and a Hospital relating to negligent medical treatment for a vascular disorder leading to the loss of the Claimants’ right lower limb.

This was a complex claim involving technical medical issues in relation to breach of duty, causation, condition and prognosis. A range of expert medical evidence was necessary to address those issues in addition to significant claims for Care & Equipment and a claim for Pension Loss.

In this hard fought action, the First Defendant eventually admitted liability and causation and the claim settled out of court in a sum exceeding £680,000. The Claimant will now be able to attend to her accommodation needs, a new prosthetic limb and a well-deserved holiday for herself and her family.

3. H v NHS Trust

The Head of the Clinical Negligence Team, David Simpson is acting for the Claimant following a negligent Right elbow replacement operation which lead to a cascade of adverse complications such that the Claimant is permanently disabled.

Having obtained a supportive Orthopaedic report and submitting a very detailed Letter of Claim the Defendants admitted liability and causation and provided a formal letter of apology.

The Defendants refused to make a voluntary Interim Payment and so Court proceedings were issued and a formal Application was submitted leading to an agreed Interim award exceeding £100,000. The Defendants have made a gross offer of £475,000 which is under consideration.

4. Y v NHS

This claim resulted in an award of damages in the sum of £1million in relation to total hip replacement surgery which, arguably, should not have been performed at all but which was then performed negligently using incorrect surgical procedures. This was compounded by negligent failures in attempting to remedy the original surgery.

Court proceedings were pursued and an admission obtained.

David Simpson who heads the Clinical Negligence Department of Coles Miller LLP, based in Poole said that the Claimant “…is a very brave lady who deserves every penny of compensation. Had the treatment been properly performed then she could have expected a very good outcome. Unfortunately, as a result of the negligent medical treatment not only has the Claimant required very prolonged medical treatment, involving some 8 further procedures to date; she now suffers from significant long term disability in relation to her function and mobility. The Claimant now requires daily care and for the majority of the day is confined to a wheelchair. It is also unlikely that she will ever be able to return to gainful employment.”

Following the successful conclusion of the matter the Claimant expressed her gratitude to Mr Simpson and his team for all of the hard work that went into the case.

For David Simpson, Partner and Head of the Medical Negligence Department:

“It is so refreshing dealing with a firm of such honesty and integrity. I would certainly have no hesitation in recommending Coles Miller to my friends and family.”

For Lydia Barnett, Partner:

“After undergoing surgery I was left infertile. I had my initial consultation with Lydia in which she made me feel completely at ease. She understood the physical and psychological implications of my claim. These types of claims can take a long time and I was concerned it would have a big impact on my life. Lydia has always been professional, honest and thoughtful and contacted me only when required. She always got back to me quickly when I have had questions. I cannot recommend Lydia and Coles Miller enough.”