Acting on instructions from NHS Resolution, Clyde & Co has successfully resolved a claim for damages where the Claimant’s rehabilitation played a pivotal role in determining the appropriate level of compensation.

The claim arose out of the circumstances of a bunionectomy procedure performed in 2011. The Defendant had admitted that post-operatively there had been a failure to recognise that the procedure had not been successful, and as a result of that failure the Claimant had suffered a number of complications.

The parties set about attempting to settle the claim, and the Claimant claimed that as a result of her injuries she would require an extremely high level of care, as well as a life-time’s supply of orthotics and her injuries would disadvantage her on the open labour market.

The Defendant’s orthopaedic expert, whilst noting that the Claimant’s symptoms were genuine, advised that the Claimant could undergo a very straightforward surgical procedure which would hopefully resolve many of her symptoms, and thus remove any need for future care and assistance. However, the Claimant indicated that she was not prepared to undergo any further surgery because she had experienced so many complications in the past and was worried that things might go wrong again.

In an effort to resolve the proceedings on the best possible terms, Clyde & Co suggested that the Claimant could undergo Cognitive Behaviour Therapy which would hopefully allay any concerns she may have had in relation to further surgery. NHS Resolution agreed to fund the cost of CBT treatment, and having completed her treatment, the Claimant indicated that she was now willing to proceed with surgery. On this basis settlement was reached at a fraction of the amount previously claimed.

The outcome of this case therefore represents the best possible outcome for both parties. The Claimant will be appropriately compensated for the pain that she has endured since the negligence occurred, but corrective surgery will resolve any ongoing symptoms and will allow her to lead a normal, pain-free life. The Defendant will no longer face the significant financial burden of providing a life-time of care and assistance, and, having reached an amicable settlement, the NHS has also avoided the significant costs that would have been incurred if this matter had proceeded to a contested trial.