South Yorkshire woman receives £100,000 due to nerve damage
Published: 12th March 2018
A South Yorkshire woman agreed to an operation on her jaw at a local hospital. She was told of the risks but she was not warned of any risks of nerve damage.
She in fact underwent the operation and awoke with intense facial pain. After many months, the facial pain was no longer continuous, but it still happened many times every day. It will probably last for the rest of her life now.
The patient had been so sure that she had not been told about the risk, that immediately after she awoke from the operation when she noticed the facial pain that she was in, she challenged the hospital about it saying that she had never been warned that this could happen. It was only then discovered that the consent form that she had signed made no reference to nerve damage.
She sought advice from Liddy’s Solicitors. The hospital denied responsibility saying it was a recognised risk of the operation and they had told her about the risk.
In the Defendant’s expert evidence he said that the operation was so serious that nerve damage would always have been very likely. None of this risk was ever discussed with her and had it been, she says that she would not have gone ahead with the operation.
Although the hospital denied liability for nearly three years, the case was settled days before trial for £100,000 in damages.
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This article is too brief to fully explain the law and should not be relied upon as legal advice.