Wolferstans recovers £2.8million damages for a client, despite previous solicitors advising her not to pursue a claim

Bringing a medical negligence claim requires a lawyer with specialist expertise that encompasses both legal and medical knowledge. If you do decide to bring a claim, using a firm of solicitors with a specialist medical negligence team of accredited experts, rather than using a generalist personal injury lawyer, could make all the difference. 

An example of this is a case where Wolferstans recently recovered millions of pounds in compensation for a client who originally instructed a firm of PI lawyers to investigate her complex medical negligence claim. 

In 1999, Mrs K fell at home, fracturing her leg. She was treated by the Defendant for a period of 5 years following this injury and during this period, underwent 28 x-rays but no scans were performed. 

In January 2005 Mrs K was referred back to the Defendant as she was experiencing constant pain.

She underwent further investigations and was diagnosed with a tumour in her leg, at the site of the fracture which had occurred in 1999. 

Mrs K underwent surgery to remove the bone and was provided with a prosthetic replacement.

During the latter part of 2005, Mrs K continued to suffer pain. By early 2007, Mrs K’s symptoms were becoming intolerable. 

The pain which had previously been confined to her knee, had extended to her hips and her lower back.  

In September 2007 Mrs K underwent further investigations and was diagnosed with a malignant tumour and underwent extensive surgery to move part of her right hip and the top of her right femur.

Despite a poor prognosis and the subsequent development of metastases in her lung Mrs K defied the prognosis of her doctors and is now considered to be in remission. However she was left significantly disabled as a result of the extensive surgery which she underwent, has been unable to work since December 1999 and required extensive care and therapy. 

Mrs K originally instructed a firm of PI lawyers to investigate a claim on the basis that the Defendant had failed to diagnose an underlying malignancy at the time of the original fracture in 1999. She was subsequently advised by her solicitor that there was no evidence of any tumour at the time of the original fracture although this opinion was formed without reviewing the x rays taken in December 1999 as they had been unable to locate them. 

In 2007 when Mrs K was advised that she had a malignant tumour, as opposed to a benign tumour she instructed Wolferstans to investigate a claim relating to this aspect of the claim. Whilst we were unable to prove that the diagnosis had been negligence, due to the specific tumour involved Wolferstans located the original x rays which clearly showed the tumour was present in 1999 and successfully pursued a claim for Mrs K on the basis that if the correct diagnosis had been reached in 1999 she would have undergone surgery to replace her femur without the need for further surgery and the spread of her disease.  

Wolferstans successfully settled this claim for £2.8 million despite Mrs K having previously been advised to abandon the claim. 

Wolferstans have had a separate medical negligence department for over 20 years, the members of which spend all their time exclusively investigating medical claims. This experience means that our success rate is very high; over 90% of the cases which we investigate and then pursue result in a payment of damages to our client. 

We regularly act for clients who have suffered as a result of a delay in diagnosing a wide variety of cancers, including lung cancer, bowel cancer and breast cancer and succeed in recovering damages for them and their families where their condition has become terminal. 

If you have a claim you would like to discuss or are unhappy with your existing solicitors and would like to have a free initial discussion-without any obligation - please contact Jade Wilkes on 01752 292248 or email her at jwilkes@wolferstans.com.

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