Advising with empathy and experience

Claim for failure to treat brachial plexus injury

The Claimant sustained a serious injury as a result of a road traffic accident. His most serious injury was to his brachial plexus (the network of nerves serving the shoulder and arm). He also suffered a serious wrist fracture and a head injury.

The Claimant's wrist and head injuries were treated in hospital but the clinicians opted not to intervene with the shoulder injury but to allow it to heal naturally. Eventually the Claimant sought a second opinion and underwent surgery in an attempt to improve arm function. Sadly the surgery was only of limited success. Evidence revealed that the original injury was so serious that early surgical intervention had offered the only chance of improvement.

The Claimant  sought compensation from the hospital where his brachial plexus injury was initially assessed. The hospital admitted that the treatment provided to the Claimant fell below an acceptable standard. Medical evidence was obtained which revealed that earlier intervention would probably have improved the outcome but would not have delivered a full recovery. The claim was settled for £110,000 before trial.

Kim Daniells of the CNCI team said "The Claimant in this case was determined to continue working even in the face of a serious disability. I am pleased that we were able to secure an award that will help to provide some financial security for him and his young family".