Medical Negligence

A client who was injured at work and crushed between the delivery waggon and the wall whilst delivering beer barrels to a pub has been awarded £75,000 in compensation. Injury at work claim The Claimant, a drayman’s assistant, was guiding an articulated lorry being driven by a colleague into a narrow side access road. The Claimant signalled to the driver of the articulated lorry to stop reversing but he failed to do so and continued to move backwards crushing the Claimant between the lorry and a stone wall.

Our client received hospital treatment following the accident and subsequent to that received further treatment from his GP. As a result of the accident the Claimant suffered a crushing injury to his pelvis and to his chest, as well as psychological injuries. The chest injury did resolve but he had lingering pain in his right hip area.

He came to us to manage his personal injury claim, part of which involved our orthopaedic expert recommending x-rays, MR and CT scans to establish the cause of the ongoing symptomatology, as well as a report from a Consultant Psychologist in relation to the upset and anxiety caused. These further orthopaedic investigations were carried out on a private basis to see if the Claimant had suffered a fracture of the pelvis. However, following a discussion between the medical expert and the musculoskeletal expert it was concluded that he had suffered an injury to the rim of his acetabulum (the socket of the hip bone, into which the head of the femur fits) and this was the cause of any remaining pain and suffering.

Psychological injury at work In relation to the psychological suffering the medical expert’s opinion was that the Claimant had suffered a chronic adjustment disorder – this features symptoms longer than six months and can cause major disruption to a person's life. As part of the claim we secured an award for pain, suffering and loss of amenity, this is an award of general damages and compensates the Claimant for their physical and psychological injuries and the general impact of the accident upon their lifestyle. The claim also took into account the costs of the x-ray and scans and the anticipated cost of the cognitive behavioural therapy together with the other additional minor expenses.

“The claimant’s rehabilitation and the necessary medical treatments are taken into consideration as part of the compensation and we often settle cases out of court, in this instance a formal offer to settle for £750,000 was made,” she added.

Compensation settlement: £750,000; Compensation settlement: £75,000; Estate recovery: £750,000

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