Circumstances of accident
We acted on behalf of a client who suffered a collapsed lung (pneumothorax) after receiving negligently performed acupuncture treatment. She required hospital admission and insertion of a chest drain to treat her injury. She also suffered from permanent scarring caused by the drain.
The treating chiropractor applied needles to our client’s trapezius and rhomboid muscles. The standard practice for these procedures involves specific techniques to avoid injury, particular to the lungs and ribs. This included applying the needles obliquely which the treating chiropractor failed to do.
How we helped our client
We intimated a claim upon our client’s chiropractor, arguing that by failing to comply with standard practice was a breach of duty of care. Our allegation was informed by an expert in acupuncture.
The insurers representing the treating chiropractor admitted liability and agreed to compensate our client. We obtained reports from a Consultant Cardiothoracic Surgeon who provided opinion on the symptoms suffered by our client because of the collapsed lung and the subsequent medical procedures which were required.
We investigated other heads of claim to substantiate our valuation which included evidence regarding the assistance our client required with daily care during her period of recuperation after the chest drain procedure.
Settlement
We received an initial offer of settlement of around £11,000. We robustly negotiated and achieved compensation for our client at just under £15,000. This more fairly reflected our client’s pain and suffering and covered the costs of the services rendered to her by family members during her period of recuperation.
This case highlights the importance of thorough medical evidence and careful valuation of claims in claims for personal injury and medical negligence. The final settlement was achieved at the very highest end of what we considered to be the reasonable range of outcomes in this case.
