We acted for a client who had suffered a skull fracture which an Accident and Emergency Doctor failed to diagnose despite a clear description of the mechanism of injury and significant wounds evident. As a result of a failure to diagnose the skull fracture and institute appropriate treatment, the wounds failed to heal properly. This not only caused the client distress and had the potential to cause a life threatening infection to occur, but it also impacted upon our client's ability to work.
We required to obtain a supportive opinion from an independent expert in Accident and Emergency medicine to address the legal test as regards negligence. We also required to instruct an expert Neurosurgeon to concentrate on the medical consequences of the negligence for the client as well as the client's current condition and future prognosis following the correct diagnosis being made and urgent remedial surgery being undertaken.
The pain and suffering element of the claim was not particularly substantial as the fracture and wounds were not negligently caused, just negligently treated. However, as the client was a self-employed, commission-based salesman, the bulk of his claim primarily related to loss of earnings.
The highly complex sales area in which our client worked, as well as his complicated, commission-based remuneration contract meant that a Forensic Accountant and Employment expert also required to be instructed to assist with valuing the loss of earnings suffered.
Although the action was raised in 2006, liability remained in dispute until just two months prior to the full court hearing of evidence when an admission of liability was finally issued by the Defender. Negotiations then commenced and the pursuer's claim ultimately settled for a substantial five-figure sum, in October 2012, just two weeks prior to the final hearing.
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