Clinical negligence claim settled for a figure 15 times higher than initial offer

Lyubov Nikolchova recently acted for a client who suffered PTSD after an anaesthetic was administered in the wrong order, leaving him feeling paralysed for a couple minutes.

The incident

Our client was well known to the Defendant NHS Trust, being under their care for his back symptoms. In 2024 he was booked in for spinal surgery when the anaesthetist administered the muscle relaxant before our client had been put to sleep. He was left awake and feeling paralysed, without being able to alert anyone in the operating room. Shortly after, he was put to sleep and the surgery proceeded. Thankfully, the spinal surgery was a success but our client’s mental health was significantly impacted by those initial couple minutes. He started having flashbacks and struggled to attend hospitals for appointments due to his anxiety. He was diagnosed with PTSD and received treatment.

The process

In this case Lyubov considered that the medical records were sufficient to establish a breach of duty and causation and served a Letter of Claim, although it’s usual practice to obtain expert evidence before doing so in clinical negligence claims. This meant that the Defendant’s liability response was received early on and our client was pleased to hear liability was admitted in full. The team also obtained psychiatry expert evidence to comment on the severity of our client’s condition and the need for further treatment. The report was disclosed and an interim payment to fund therapy was agreed. This was important for our client as at that time he was no longer receiving treatment on the NHS, although he continued to experience PTSD symptoms.

Offers

The Defendant Trust made an early offer alongside its liability admission. This was rejected by our client. Upon the disclosure of psychiatry expert evidence, a second offer was received. Lyubov then obtained further comments from the psychiatry expert, leading her to advise the client to reject that offer. Two further offers were received within the next month; the final offer was 15 times higher than the first, and was accepted by our client. This has allowed him to fund the needed treatment and focus on his recovery.

Get in contact with the medical negligence team today

If you or someone you know has a medical negligence claim and want to speak to an expert, do not hesitate to get in touch with our expert medical negligence team. Our team will be ready to provide you with the legal support you need to secure the compensation you deserve. The team can be contacted on 01273 032328 or enquiries@deanwilson.co.uk.