NHS Trust Agrees Settlement Weeks Before Trial in Serious Medical Negligence Claim

Dean Wilson LLP acted for Mr X. in a complex medical negligence claim against University Hospitals Sussex NHS Foundation Trust, arising from failures in the timely diagnosis and treatment of a severe infection that progressed to necrotising fasciitis. The case concluded with a settlement agreed just 6 weeks before the scheduled trial, following a prolonged period in which the Defendant NHS Trust repeatedly sought extensions and delayed meaningful progress.

Background to the Claim

Mr S. attended hospital in January 2020 with a rash on his leg, a high temperature and episodes of fainting, amongst other concerning symptoms. Despite these clear warning signs, critical treatment — including antibiotics and surgical debridement (removal of dead, damaged or infected tissue) — was not initiated within the necessary time critical window, a failure which the Defendant later formally admitted. This delay allowed the infection to rapidly worsen, ultimately developing into necrotising fasciitis.

Often referred to as a “flesh eating disease”, necrotising fasciitis is a rare, life threatening condition that requires urgent and aggressive treatment to prevent severe disability or death.

Mr X. suffered a life changing injury. The disease caused permanent loss of calf muscle and tissue extending into the hamstring, requiring multiple surgeries, and long term functional limitations that continue to affect his daily life.

Medical experts instructed on behalf of Mr X. carefully assessed the lifelong impact of his injuries, including future deterioration, restrictions on mobility, effects on employment, and requirements for ongoing care, therapy, specialised equipment and housing needs. 

Progress of the Litigation

Throughout the claim, the Defendant NHS Trust dragged its heels, repeatedly requesting extensions and delaying the service of key evidence. Despite these attempts to slow progress, the Claimant continued to move steadily forward under the protection of the Court imposed timetable, which ensured the case remained on track. Interim payments were released in order to fund much needed rehabilitation. 

Having a trial date was particularly important for Mr X., as it provided a clear and fixed endpoint for the litigation, offering certainty about when his claim would be concluded. The evidence obtained  by us on his behalf — including expert reports and witness statements — remained consistent, and compelling throughout.

As the trial date approached in November 2025 the Defendant entered into settlement negotiations. The claim settled just six weeks before trial, achieving a significant six figure settlement for Mr X.  

The Settlement allows Mr X. to move into suitable, adapted accommodation that meets his long‑term mobility and medical needs. The award also ensures that Mr X. will have access to the care, support and therapeutic input he will require throughout his life. 

Supporting the Claimant Through the Process

Mr X. was supported throughout by Mr Shahram Sharghy of 1 Crown Office Row, an experienced barrister specialising in clinical negligence and catastrophic injury litigation. Both Dean Wilson LLP and Counsel acted under no win no fee (CFA) agreements.

The claim was overseen by Ben Davey, Partner at Dean Wilson LLP, and conducted with the assistance of Jessica Edwards, Associate Solicitor.

The legal team worked in close collaboration with the medical experts and Counsel to ensure the strongest and most comprehensive presentation of the case.

If you have suffered injury due to delayed treatment, misdiagnosis, or hospital negligence, our experienced Clinical Negligence Team can help.

Please contact us on 01273 249200 or visit our Medical Negligence page for further information.