Joe fractured his right elbow and was admitted to the hospital for surgery to his right ulna. During the operation in November 2002, Joe's right ulna nerve was negligently damaged causing Joe to suffer injury including sensory motor deficit to his right hand.
As a result, he had five operations to try and improve the condition of his right hand. He was left with permanent numbness and scarring and with residual problems in fine motor skills and doing heavy manual work, including decorating and gardening.
Joe instructed Samantha Critchley to pursue a surgical negligence claim against the hospital.
A letter of claim was sent in March 2004, which resulted in an admission of liability and an offer of £40,000.
Samantha felt that this was too low and advised Joe to reject the offer.
The main area of dispute was in relation to loss of earnings. The defendants’ case was that Joe could perform at his previous levels.
Negotiations continued between the parties and the case was eventually settled in March 2007 shortly before the trial for £142,500.
Samantha Critchley acted for Joe initially with the benefit of public funding and later on a “no win, no fee” basis when his financial circumstances changed.
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