Case Report: Mrs B –v- Dr Prakash and Mr Turner
Kerry Fifield; Partner at Clarke Willmott was instructed to act on behalf of the Claimant under the terms of her BTE insurance policy in November 2010.
The Claimant underwent a Total Knee replacement, under the care of the First Defendant, on a private basis at the Droitwich Spa Hospital in September 2009.
The Claimant had been left with severe pain and was mobilising using 2 crutches. X-rays performed had suggested that the femoral component seemed ‘too large’ and the component had rotated.
Medical records were obtained and preliminary report from Professor Fairclough; Consultant Orthopaedic Surgeon, which was supportive in relation to breach of duty and causation in respect of the Total Knee replacement but also identified and earlier breach of duty in relation to the performance of the Partial Knee replacement in August 2007, also on a private basis at the Droitwich Spa, under the care of the First Defendant.
A Letter of Claim was forwarded to the Defendants in May 2012, no Letter of Response was received from either Defendant.
Proceedings were issued at Court and Defences filed again with full denials in relation to liability.
The Second Defendant sought to raise the limitation issue but then agreed not to pursue this avenue further.
Quantum evidence was obtained from a Care Expert, Consultant Psychiatrist, Consultant Orthopaedic Surgeon and Accommodation Expert. The quantum evidence was served on the Defendants with an offer to settle in December 2013.
Liability and causation evidence was exchanged in February 2014 and the First Defendant finally made an admission in relation to breach of duty and causation but admissions were received from the Second Defendant.
A Counter Schedule was served on behalf of both Defendants in June 2014 and a Part 36 offer was received from the Defendants on 12 August 2014 for £150,000. Following negotiation settlement on behalf of the Claimant was agreed with total damages in excess of £200,000.
If you would like advice in respect of an orthopaedic claim please do not hesitate to contact Kerry Fifield: Kerry.Fifield@clarkewillmott.com or alternatively please contact one of the team on 0800 316 8892.