Aileen was in an accident, in which she slipped and fell and sustained a broken arm. She required to attend Accident & Emergency where she was examined by two different doctors.
One of the doctors advised Aileen that she should undergo an operation to repair the break. However, the other doctor who examined her disagreed, and advised that she did not require an operation.
Aileen did not undergo the surgery, and this meant that her broken did not unite properly. Unfortunately, this resulted in her suffering some disability in her arm.
How we helped our client
We intimated a claim upon the health authority, and instructed a report from an independent orthopaedic expert.
The expert concluded that the failure to operate made no difference because even with an operation, it was unlikely that her broken arm would unite properly.
Despite the expert's views, we persevered with the claim. We were able to negotiate a settlement, the updated value of which is £16,500 with the Central Legal Office of the NHS in Scotland. Without a supportive expert report, we were unable to proceed to Court however, were able to negotiate the best out of court settlement we could.
After Aileen had her accident, but before she was awarded compensation, she went into voluntary bankruptcy. She was worried that any compensation she might get, she would not receive because it must be paid to her creditors. We were able to re-assure Aileen that compensation for personal injury is ring fenced and so you are able to keep it, even if you have been declared bankrupt.
Aileen said: "I was pleased with the way Lindsays dealt with my claim and that they were willing to persevere with my claim even with an unfavourable expert report. I was pleased with the compensation I received, I was also happy that Lindsays were able to reassure me that I would be keeping my compensation even though I was bankrupt.