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£16,500 for failure to operate due to medical disagreement

At Calio, we recently represented Aileen, who suffered a broken arm in a slip-and-fall accident. The complexity of her case arose from conflicting medical opinions regarding the necessity of surgery. Our commitment to our client’s well-being and perseverance in the face of challenges resulted in a successful out-of-court settlement, providing Aileen with £16,500 in compensation.

Circumstances of the Claim

Aileen’s accident led her to Accident & Emergency, where two doctors examined her broken arm. While one recommended surgery to repair the break, the other disagreed, advising against the operation. Aileen, ultimately not undergoing surgery, experienced complications, leading to a disability in her arm.

How We Helped Our Client

Upon intimation of the claim to the health authority, we sought the opinion of an independent orthopaedic expert. Despite the expert’s view that surgery would not have significantly altered the outcome, we persevered with the claim. Negotiating with the Central Legal Office of the NHS in Scotland, we secured a settlement of £16,500.

Navigating Bankruptcy Concerns

Complicating matters, Aileen entered voluntary bankruptcy after the accident but before the compensation award. Concerned about creditors claiming her compensation, we reassured Aileen that personal injury compensation is ring-fenced and protected, even in bankruptcy.

Testimonial from Aileen

Aileen expressed her satisfaction with our handling of the claim, emphasising our willingness to persevere despite an unfavourable expert report. Pleased with the compensation received, she also appreciated our reassurance regarding the protection of her compensation despite her bankruptcy.

At Calio, our client-centric approach, combined with a commitment to perseverance, ensures that every case is diligently pursued for the best possible outcome. If you’ve experienced a similar situation, reach out to our team for compassionate support and tailored guidance.

Case Study Author: Alasdair Wannan

    The Legal 500 - Leading Firm 2026
    Mass Motor Accident Solicitors Society