One of our clients (aged 54 at the time) was unhappy with medical treatment which she received at the Shepton Mallett Treatment Centre (SMTC) during May 2011. The treatment was a bilateral endoscopic sinus surgery with a nasal polypectomy and septoplasty. It is standard practice to have a CT scan prior to such surgery to assess the pathology and get a clearer understanding of the patient’s bone anatomy. In this particular case, our client was in a vulnerable position, as she had left-sided amblyopia (or a lazy eye) which left her particularly dependent upon her right-sided vision.
Following this surgery, our client had significant impairment of her right sided vision. This was investigated with a further CT scan in June 2011 which showed an obvious dehiscence of the lamina papyracea and entrapment of the medical rectus muscle. This damage had not been present on the pre-operative CT scan.
Following a letter of claim from our firm, SMTC accepted:
- the damage had occurred during the surgery and
- to cause this damage had been negligent.
This negligence caused a number of problems for our client’s good right eye: there was restriction in its movement, it was painful, and she no longer felt safe to drive. As a consequence, she had to change jobs at work and do something which accommodated her disability. Her right eye was also unsightly.
Although liability was conceded at an early stage, there was a significant difference between the parties in our valuation of our client’s claim. The solicitors acting for SMTC initially only offered to settle her claim for £26,000 which we advised her to reject. Subsequent protracted negotiations resulted in a much improved offer.
S. J. Edney solicitors obtained compensation of £145,000 for this client in 2013