Success in spite of the risks

27 July 2009

Our client underwent an operation to have his right elbow replaced. He had an existing disability in his right arm due to an earlier road accident. It was alleged that the surgeon undertaking the operation was negligent and that he caused further damage to our client's arm during the elbow replacement surgery, leaving the client with injury to his radial nerve, which meant that he had restricted use of his right arm and hand. The client had further surgery to attempt to repair the damage but this was only modestly successful.

The client’s employment was compromised and, after being made redundant, the client had to accept low-paid employment because of his disability.

We claimed damages for the client’s injury, pain and suffering, his loss of income, the value of care and assistance provided to him and his out of pocket expenses.

The claim was contested throughout. We served court proceedings and liability continued to be denied. The claim was defended on the basis that the surgeon was not negligent and many of the client’s problems were caused by his pre existing disability. The Defendant argued that any injury was a risk of the surgery and relied on expert medical evidence in support of the defence of the claim.

This was a high risk claim with no guarantee of success. However, Stamp Jackson & Procter acted on a No Win No Fee basis for the client and took all of the risk on his behalf so that the client would have no risk as to costs.

Eventually, we managed to negotiate a successful outcome and the client received compensation for his injuries and financial losses in spite of the risks.