An individual’s disabilities may have both negligent and non-negligent causes and that can pose a difficult challenge to clinical negligence lawyers. The seven-figure settlement of a partially sighted woman’s claim, however, showed that such difficulties are there to be overcome.
The middle-aged woman’s vision was severely impaired due to pressure on her optic nerve arising from hydrocephalus. After she launched proceedings, the NHS trust that bore responsibility for her care conceded that there was a negligent failure in diagnosing that condition.
She also suffered from other complex disabilities, however, and the trust disputed the extent to which they were attributable to the admitted negligence, as opposed to an underlying brain tumour. The value of her claim was disputed on almost every front but, following negotiations, a £1.25 million lump-sum settlement of her case was nevertheless achieved.
In approving the settlement, the High Court found that, in the light of clear litigation risks, an appropriate compromise had been reached. Praising the woman for her staunch efforts in coming to terms with her disabilities, the Court hoped that the settlement would assist her in leading a fulfilling life.