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The man, Mr S, was being treated for secondary progressive multiple sclerosis with an intravenous infusion of Mitroxantrone when he suffered severe extravasation injury (leakage of drugs) to his wrist. The injury led to a severe chemical burn that required a skin graft and resulted in significant weakness in his hand. His MS disability was also exacerbated.
Hospital denies liability for injury during treatment for multiple sclerosis
Mr S contacted Graysons to see if he could claim compensation and Nikki took up his case. The hospital denied breach of duty and responsibility for the injury and liability was difficult to prove. Whilst Mr S had not been given an appropriate risk warning relating to the treatment, it was claimed that, given the promised benefits of the treatment, he would have gone ahead with it even if he had been warned of the risk. The prospect of successfully winning the argument relating to consent was less than 50%.
Nikki also claimed that the hospital had not taken adequate precautions to reduce the risk of injury or mobilise Mr S’ arm properly during the treatment. Again the hospital denied this and Nikki obtained medical evidence from a consultant in plastic and hand surgery.
Maximum prospect of success of claim is 55%
The prospect of a successful claim was around 51% – 55% at this stage. Damages were difficult to predict in this case due to Mr S’ pre-existing MS and weakness in his upper limb. A care expert, instructed by Nikki, assessed that Mr S would need care for 3 ½ years, which was more than would have been required as a result of the MS alone. The claim was valued at around £60,000.
Nikki Yavari
£85,000 compensation won at trial.
The hospital continued to deny liability for the injury and Nikki pursued the case to a trial, where Mr S was awarded £85,000 in compensation: a settlement that he was delighted with.
If you have suffered as a result of an inadequate standard of treatment from any health professional, please contact us to arrange a confidential meeting in which we can discuss your case.
You can find out more about claiming compensation for medical negligence injuries on our website.
