Fieldfisher Solicitors acted for SR in a claim for compensation against the private endocrine surgeon Mr Ojo who carried out a thyroidectomy procedure. This was a difficult case and one that had been rejected by other solicitors. Expert evidence obtained on behalf of SR identified that she should not have been advised to have the surgery in the first place.
Further SR suffered from a very disabling phobia where she could not tolerate the insertion of any foreign objects into her body. Her phobia had come to light during investigations carried out for a heart conditions many years previously and she had refused heart surgery because of the impact of the phobia.
SR's claim was that she had clearly stated her phobia to the surgeon prior to treatment but her wishes were ignored. After the treatment she initially had no knowledge that approximately 25 metal surgical clips had been inserted into her neck as they were not visible when you looked at her. However she felt symptoms in her neck which led to a scan about a year after the surgery. SR was suddenly told that she had 25 clips in her neck. From that moment it was for her like living permanently in a room full of large spiders would be for someone suffering from a phobia of spiders. She understood her response was not rational but she could not respond differently. She suffered significant anxiety and became clinically very depressed. She had to live with this all the time. She thought about taking her own life. She requested that the clips be removed but the surgeons were concerned about the risks. She underwent cognitive behavioural therapy which was unsuccessful and she was not able to tolerate continuing with the clips inside her. The surgeons eventually agreed to remove the clips and since the surgery SR has felt a significant relief of her symptoms. She is able to look forward to living her life.
The Defendant rejected the claim and court proceedings were taken. The Defendant did not accept that the surgery was unnecessary and should not have been advised at that stage. Further the Defendant appeared dismissive of the Claimant's phobia and did not accept the phobia had been conveyed to him in the way described by SR. Court proceedings continued and the case settled for £70,000 after witness statements of fact were served.
SR said of her solicitor
"She was so patient with me. I was in a dreadful state and she was very good at explaining things to me. I had never done anything like this before. She supported me through a difficult time. She explored all the angles. She knows her stuff and she can get you through it."
For further information or if you would like to make a claim for surgical negligence please get in touch with one of our specialist solicitors via the contact details below. All enquiries are completely free of charge and we will investigate all funding options for you including legal aid and no win, no fee.
Contact us on freephone 0800 358 3848
Or start your claim online.
Fieldfisher is: ‘a firm full of the highest quality lawyers in the field' and has an 'outstanding depth of expertise’ - Legal 500 2015, Awarded Top Tier
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher's Personal Injury and Medical Negligence solicitors are proudly listed as 'Super Lawyers' in both on-line and off-line printed publishings.
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Fieldfisher are signatories of the Ethical Marketing Charter demonstrating our commitment to responsible, transparent and professional marketing.
Fieldfisher has been named as the winners of the Legal 500 United Kingdom 2015: *Claimant Clinical Negligence Award*. Testament to our expertise.
Substantial recovery after a communication breakdown during tonsillectomy triggers a sickle cell crisis, ending in the death of a young girl
Mother requires hip replacement and 6 months in hospital after nursing failure at John Radcliffe Hospital
Damages for family of baby who died 2 days after birth following a series of failings by the United Lincolnshire Hospitals NHS Trust
Merton Council accepts liability for death of teacher who was exposed to asbestos in Mitcham's St Thomas of Canterbury Middle School
The Telegraph reports on the Bedside cot that's still on sale after death of seven-week-old baby Grace Roseman
The Sun reports on Jill Greenfield's case of Grace Roseman who was tragically killed by the“dangerous” Bednest cot in April last year