Clinical Negligence Client Awarded £20,000
What was the Clinical Negligence Claim?
Our clinical negligence solicitor, Sophia Azam was first instructed in 2018 by the father and uncle of a young boy. The boy, who was aged 14 at the time experienced a delayed diagnosis of a testicular torsion, resulting in an orchidectomy. The litigation friend did not speak English as a first language. The language barrier meant that extra care and attention was required in order to take clear instructions from the family, who were understandably angry at the Trust responsible. A meeting with the client and litigation friend took place in person in London. Mrs. Azam ensured the clients were fully understanding of the steps that would be taken to investigate the case, and how it would progress.
Seeking Medical Evidence to Support the Clinical Negligence Claim
Expert evidence was not obtained in the first instance. This is because it was clear from the medical records that there was a substantial delay in diagnosing the client. It was hoped that the Trust would adopt a ‘common sense’ approach and work towards early resolution.
As a result, a detailed Letter of Claim was sent to the Trust. Whilst breach of duty was admitted early in the claim, causation was firmly denied. The Trust made an offer of £1,000.00 to the client for the delay in diagnosis. The Trust’s claim was that he would always have required an orchidectomy. Ms. Azam then sought causation evidence from a urologist, who was clear in his opinion that with earlier diagnosis and prompt treatment, the client would have avoided an orchiectomy. The client was later examined by the expert for the purposes of a condition and prognosis report. The urology expert advised that our client had clear psychological symptoms as a result of the negligence. As a result, the client would require specialist input.
Building Trust with the Client
The client soon turned 18 and was able to assume conduct of his case. This presented its own challenges, as a young person discussing such a sensitive topic could often be difficult. Efforts were taken to build a rapport with the client so that he would feel comfortable discussing the case. This relationship building proved useful when, following receipt of the condition and prognosis evidence, the client immediately turned down the idea of a prosthetic testicle surgery. Additional time was spent discussing the issues with the client. Explaining the finality of any settlement meant that he would not have the opportunity to seek the cost of the treatment should he change his mind in the future. The client later accepted that he may seek out such surgery when he begins a sexual relationship.
Clinical Negligence Claim Settled for £20,000
Counsel was instructed to advise on quantum. An offer in settlement was made to the defendant to attempt to settle the matter without recourse to the courts. When the offer was rejected, the claimant issued court proceedings. Following receipt of proceedings, an offer of £10,000 was received from the defendant. This was a rejected and the client made an offer of £25,000. This was rejected by the defendant who made a further offer of £15,000.00. Mrs. Azam then initiated a without prejudice discussion with the defendant solicitor in order to achieve resolution. After some discussion, the parties agreed to settle the matter at £20,000.00.
The client was pleased with the settlement and left the following review on Trust Pilot – I had a fantastic experience with Sophia from AWH Solicitors. Her kindness and exceptional assistance made a world of difference for me. She went above and beyond to help and guide me throughout the process. I’m truly grateful for her expertise and support.
Hear more about the member(s) of our team featured above:
- Sophia Azam Associate Solicitor view profile