Y v London Hospital Trust - Success when there are no medical records – December 2022 - £950,000
Y was born in Defendant’s hospital in 2004 when he sustained a permanent injury to his left brachial plexus (Erb’s Palsy). The hospital advised that the medical records relating to Y’s delivery had been inadvertently destroyed. Michelle Beckett analysed the limited medical records obtained from other sources along with the witness evidence and the injury that Y sustained. Michelle contacted the Defendant Trust and highlighted the key evidence, persuading them they would have difficulty in defending the claim. Defendant made an early admission of liability.
We then went on to investigate the impact of the injury and the value of the claim and proceeded to a settlement meeting shortly before Y’s 18th birthday. As investigations ensured it was clear that Y may well have further treatment to his arm and although he was very bright and his career prospects were good would be at a disadvantage compared to his peers in the workplace. In addition, as we are now often seeing Y would benefit from treatment relating to the psychological effects of his injury. The settlement meeting was successful and an agreement was reached in principle settling the claim for £950,000.
An added complexity arose in this claim as, due to the approaching Trial and the availability of the parties the settlement meeting went ahead a month before Y’s 18th birthday. We then, therefore, had to deal with the practicalities issues arising upon Y becoming an adult.
What was clear from this case was that although Y experienced limitations and pain he and his family were extremely dedicated to his rehabilitation. We are pleased that we have secured Y compensation to enable him to access the care, therapy, treatment and equipment that he needs.
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SENIOR ASSOCIATE & SOLICITORMichelle Beckett |
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