Bereavement damages: an award or an insult?
Deborah Nadel achieved a settlement of £45,000 for a client who suffered injury as a result of treatment for breast cancer.
After our client’s breast cancer diagnosis, she underwent surgery, radiotherapy and chemotherapy treatments at hospital. During one of the chemotherapy treatments, a nurse negligently administered the drugs on the wrong side of our client’s body i.e. the side on which she had undergone surgery and radiotherapy.
Our client unfortunately developed lymphoedema, an abnormal accumulation of lymph node tissues. It is a chronic condition; it can only be managed and not cured.
As lymphoedema can occur in any event with cancer treatment, the hospital was reluctant to admit liability. We successfully argued, however, that the inappropriate procedure on the wrong side of our client’s body contributed significantly to the onset of lymphoedema.
The clinical negligence claim settled for £45,000.
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