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Overnight he complained hourly of severe pain in his right
leg and was given an extra dose of codeine, contrary to prescription.
However, no doctor was called until the next morning. By then
it was too late and his leg had to be amputated.
The main issue in this case related to whether the hospital
should have recognised Nigel's deteriorating condition during
the night and intervened to prevent progression of the DVT
to Phlegmasia Caerulea Dolens and compartment syndrome, to
avoid amputation of his right leg. It was Nigel's case that
recognition by no later than 8.30am would have prevented the
amputation.
The case was funded under a Conditional Fee Agreement.
Expert evidence was obtained from a vascular surgeon, a general
physician and a radiologist. Quantum evidence was obtained
from a consultant physician, a consultant in rehabilitation
in disability medicine, a prosthetic consultant, a consultant
in pain management, a career investment advisor and advice
was sought on accommodation by the Wyvern Partnership. The
Nigel was a qualified chartered accountant and was employed
by PriceWaterhouse until 1984. In 1985, he became an institutional
salesman selling the firm's and his ideas to a wide ranging
client base which included insurance, assurance, investment
management and pension funds. The Nigel started writing options
in 1996.
Proceedings were issued on 18 December 2001. A Defence was
filed on 20 June 2002. Exchange of Witness Statements took
place on 20 December 2002 and Nigel's Schedule of Damages
and supporting financial documents were also served on 2002,
but the Condition and Prognosis Report and other quantum experts'
reports only followed on 20 February 2003. The trial was fixed
for July 2003.
The Defendants made a Part 36 Offer on liability by letter
dated 15 May 2002 of 50% of the full value of this claim.
By letter dated 11 July 2002, Nigel made a Counter-Offer of
90% of the full value of his claim. The Defendants then increased
their offer to 60% by letter dated 18 July 2002 but this was
rejected on 8 August 2002.
There was a dispute between Nigel and the nurses as to the
extent to which he complained of pain and swelling of his
leg. However, the extra dose of codeine supported his version
of events. Liability was denied. However, in June 2003, one
month before trial, the Defendant agreed to pay £825,000
inclusive of substantiated costs. This was a very satisfactory
outcome as Nigel had been advised by his previous solicitors
to accept £60,000 which the Defendant had paid into
Court at an early stage.
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