Successful claim against Norfolk and Norwich Hospital Trust

25th June 2019

Successful claim against Norfolk and Norwich Hospital Trust

We have successfully settled a claim for a Client blinded in one eye as a result of negligent treatment by Norfolk and Norwich Hospital. The client underwent radiofrequency treatment for trigeminal nerve pain. The surgery was incorrectly performed and the probe punctured the client’s optic nerve rendering them blind in one eye.

Once we were instructed we commissioned reports which established the negligence and the effect on the client’s life.

We wrote to the hospital with a letter of claim in which we claimed compensation for the loss of sight and also funding for private treatment for her trigeminal nerve pain which she continued to suffer from due to the failure of the treatment procedure. Although the NHS admitted the hospital had been negligent they sought to argue that the client’s sight was compromised in any event. They also initially refused to agree to meet the cost of the private treatment on the basis that she had been suffering from the original condition in any event and this was not caused by the hospital’s negligence.

As a result we had to gather further evidence. We obtained the clients ophthalmic records to prove that she had good eyesight with normal glasses before the negligent treatment. We also obtained evidence regarding the most appropriate treatment for her ongoing pain symptoms.

After presenting all of the evidence to the NHS and arguing the client’s case for her the NHS accepted the position and settled the Clients claim for compensation in excess of £60,000 which included the cost of future private treatment.

Sian Mullane commented that “as a result of our thorough investigation and presentation of the evidence the case was settled to the client’s satisfaction without the need to issue court proceedings.

Despite the NHS trying to insist there should be no award for the cost of private treatment for the condition that she was suffering from in the beginning we were able to convince the NHS that the cost of private treatment, rather than going back to the same NHS hospital which had negligently injured her was, infact, entirely reasonable.”

To discuss a case of medical negligence and how we can help you, contact Sian Mullane on 01473 298131 or email sian.mullane@gotelee.co.uk.

Chartered Legal Executive, Associate
Practice Areas
Accident and Personal Injury Claims
Medical Negligence
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