High Value Psychiatric Exacerbation Settlement

24th January 2020

Robert Mills has achieved settlement for a claimant in a high value clinical negligence case, acting as Junior Counsel to Matthew Phillips QC.

The claimant argued that, as a result of clinical negligence, bilateral shoulder blade fractures went undiagnosed. They healed in a sub-optimal position, leading to severe restrictions in range of movement and significant care needs. The claimant had pre-existing schizophrenia which he argued was exacerbated by the index negligence.

It was further contended that his new care needs were qualitatively different to that which he previously required in line with Reaney v North Staffordshire Hospitals NHS Trust & Anr [2015] EWCA Civ 1119. The case was pleaded at over £3 million and settled at mediation. The settlement was approved at the High Court approval hearing in January 2020.