Mark Bowman's case P v Whipps Cross University Hospital NHS Trust has been reported by Clinical Risk (AvMA Medical & Legal Journal).Mark Bowman negotiated a £95,000 settlement for his client, who had stapedectomy surgery leading to hearing loss.
Our client, a 23 year old young lady suffered from hereditary bilateral otosclerosis, a condition which is slowly progressive. She underwent a stapedectomy procedure to her left ear on 8 December 2006.After the surgery our client suffered from tinnitus and dizziness, as well as total loss of hearing in her left ear which she was assured was temporary. In spite of these symptoms she was discharged from hospital.However, our client did not regain her hearing. The injury had a significant impact on her personal and professional life.
Mark was instructed to investigate a claim in February 2010. Primary limitation had expired, however Mark argued that his client's date of knowledge was not until October 2007 and therefore she was not time-barred from bringing a claim.Following negotiations Mark was able to settle the claim for £95,000 which his client was happy to accept.