News and Events

Successful medical claim for a ‘subtotal +/- total thyroidectomy’

Successful medical claim for a ‘subtotal +/- total thyroidectomy’

I just want to take this opportunity to thank you and your firm for all the help and support you have given me. I am happy with the outcome of the quantum claim. I felt that Tuesday went very well and was very stress free. Which is not what I expected. It was a relaxing environment thank you again Mark and all your colleagues at SJP Law.

Mr C

SJP Law were able to secure substantial damages for their Client due to breach of duty.

Our client sought damages in respect of the consequences of surgery for a ‘subtotal +/- total thyroidectomy’ with was performed at the beginning of 2012.

The surgery left the Claimant with a hoarse voice, stridor and hypoparathyroidism. The Claimant later developed severe breathlessness and had to walk with a wheelchair so he could rest and suffered from intermittent aspiration, significant insinuatory stridor and a very hoarse voice.

Following the procedure the Claimant thought that the outcome from the treatment was not as it should have been and sought advice straight away from SJP Law.

Later in 2012 the Claimant was diagnosed with a bilateral recurrent laryngeal nerve palsy with both vocal cords in the paramedic position. A tracheostomy was performed in mid 2012 to try and improve the airways and this remains in place.

SJP Law took the case on and the matter proceeded on split trial basis and expert evidence was obtained from an ENT Consultant which supported a claim for breach of duty. Court proceedings were issued and the claim was listed for a Trial to determine liability.

Shortly before Trial discussions and offers were made leading to Judgement being entered for the Claimant for 80% of his damages to be assessed. The Trial was therefore vacated and the terms of settlement was approved by the Court.

Following the Judgement the Defendant agreed to make a substantial interim payment of damages and costs at that stage and the Claimant was helped by SJP Law to set up a Personal Injury Trust to look after future care and living requirements.

The matter was listed for trial during the middle of 2018 for 7 days in a 5 day window to determine the value of the award for injuries, losses, therapies and the care required to look after the Claimant. It was alleged that the Claimant will require care and assistance from family and friends, for the rest of his life. The Claimant has not been able to return to work.

The settlement of the claim agreed through mediation

Prior to the trial both parties agreed to attend a Mediation which was held at the offices of SJP Law in mid June 2018. A Mediator was agreed upon, Tony Allen, and he facilitated the day which resulted in settlement being agreed by both parties.

Conclusion

Complex medical negligence and breach of duty cases can sometimes be very stressful for some claimants due to the length of time and the quantity/quality of evidence required to be accumulated before going to trial. Sometimes it is best to try and settle cases via Mediation for the benefit of the Claimant.

SJP Law has a strong record of winning cases at the High Court on behalf of its clients, but foremost we make sure that our clients are happy and comfortable to progress to this and if not Mediation is a practical alternative to agree an award for damages between parties.

The reports obtained for this case were prepared by experts in the following disciplines:-

  • Consultant Otolaryngologist/Head & Neck & Thyroid
  • Consultant Psychiatrist
  • Speech and Language Therapist
  • Care expert
  • Tracheotomy care expert
  • Consultant Occupational Therapist
  • Accommodation expert