Age Does Not Preclude Medical Negligence Claims

Age Does Not Preclude Medical Negligence Claims

Many legal cases are protracted, but we were recently delighted to finalise a case for our oldest client to date, albeit it took 3 years of legal wrangling to reach a settlement.

Toughened as lawyers are, this is a case that touched our hearts, and it has given us immense satisfaction to conclude this case for a truly wonderful lady. Simpkins and Co Solicitors has recovered damages on behalf of our client (Mrs B) for £60,000 through the National Health Service Litigation Authority.

You may think that being a nonagenarian would preclude you from making a negligence claim, but not so. In law, there is no age restriction for making a clinical negligence claim (although there are different rulings for those under 18 or with mental illness).

Now at 95 years of age, we hope that the matter can be put behind her, although the ramifications of the negligence will always remain with her.

Having sustained a fall at home, our client was taken to a major hospital in Hampshire to undergo surgery to fix a dislocated shoulder. Whilst this is a routine operation to install K wires and pins, it is alleged that the surgery was negligently performed and the wires inserted incorrectly, causing them to move.

Following surgery, the K wires migrated from their initial position, puncturing her lung, resulting in pneumothorax and resultant heart failure.

Prior to the incident, the victim and her husband were relatively active and self-sufficient. However, following the surgery, our client’s health deteriorated very quickly, and the pain levels necessitated strong pain relief.

Sadly, her husband of 72 years died in 2013, and no longer able to cope at home, Mrs B moved into a care home.

Steve Simpkins of Simpkins & Co Solicitors commented, “Medical negligence claims can often take a considerable time to reach a conclusion. When your client is 92 (now 95) it becomes very important to get the case settled. It has been most rewarding to take on this case for a lady of senior years and to help her attain compensation for her distress and injury. There is little doubt that the negligence has led to her suffering, and no amount of money will compensate for the pain she bears on a day to day basis.

It was also regrettable that some of her final years with her beloved husband were spent with lengthy hospital stays directly due to the consequences of negligent surgery.”

We specialise in medical negligence covering the Dorset and Hampshire area from their offices in Highcliffe; and the London area from their office in the capital.


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