Medical negligence claim results in £14 million award

After being the recipient of injuries that have been called “catastrophic,” a man has been awarded High Court damages of almost £14 million in a medical negligence claim related to a kidney donation to his father.

Sitting in London, Mr Justice Spencer was told that the 38 year old – identified only in High Court documents as XYZ – lodged a personal injury claim after a February 2008 transplant operation.

During the removal of the man’s right kidney, his left kidney suffered an irreversible failure.  As a result XYZ then was in need of an immediate transplant himself, which he was lucky enough to receive from his sister.  Elizabeth-Anne Gumbel QC told the High Court that XYZ paid a dear price for coming to the aid of his father.

The Trustees for Portsmouth Hospitals NHS admitted liability in the personal injury compensation case based on the determination that the surgeon who conducted the procedure was reckless in addition to negligent.  The surgeon is also to be subjected to General Medical Council proceedings for his actions.

Concerned with compensation assessment matters, the four-day-long hearing is due to the Trust’s disputation of a portion of the injured party’s claims, especially those in regards to his medical expenses and future projected earnings losses.  Compensation for both amounts are considered to be potentially substantial.

Ms Gumbel stated that in order to give his father a higher quality of life for his retirement, XYZ was motivated to make kidney dialysis treatment for his father unnecessary.   While this kidney donation was achieved with success, she added, the claimant did it at great cost to himself due to the life-threatening, torrential haemorrhaging that occurred throughout the course of the surgical procedure.

Ms Gumbel also added that the life of XYZ has been truncated by approximately 10 years as a result.  Additionally the man now faces another transplant sometime in the inevitable future, considerable problems to his health, and also has experienced the traumatic nature of undergoing dialysis himself as well.

Lawyers altering strategy amidst personal injury claims increase

Just as many firms will screen and job candidate that comes before them through a hiring process, personal injury lawyers will begin to use online resources to root out evidence that may indicate fraudulent or false injury claims.   The aim of the new activity will be to reduce the amount of insurance fraud inevitably leads to increased costs for insurer, which is then passed along to customers through an increase in premium rates.

A shocking number of those who are seeking personal injury compensation , whether it be a purposeful injury or an accidental one, has been contradicted through a process in which comments or pictures posted to websites refute the claimants’ statements.

While originally there was uncertainty over the veracity of online evidence in regards to reducing fraudulent claims, data has shown the practice is garnering results.

The competition for clients in the personal injury sector has rocketed due to the recent increase in claims, and many lawyers have adopted the “no win no fee” model in order to drum up more business.  Because of the practice no win no fee lawyers, since they only generate revenue on winning cases, have become much more vigilant in accepting clients in order to control costs.

One method employed by both prosecution and defense to control those costs is by a thorough website examination to weed out any false claims.  The rising rate that online investigations are performed should impact the size of settlements made by insurance companies, experts say.  Additionally the practice will result in people who have true, legitimate cases receive the compensation they require.