Case Studies

No Win, No Fee

Failures Prior to Carpal Tunnel Surgery Result in Compensation Award

Axiclaim’s solicitors have successfully recovered a sum of £75,000 in respect of a clinical negligence claim concerning the development of Chronic Regional Pain Syndrome (CRPS) following carpal tunnel decompression.

The patient was diagnosed with moderate carpal tunnel syndrome which accounted for all of the symptoms experienced in the patient’s right hand.  A surgical approach was decided upon although the patient was not informed of any conservative treatment options available.  In addition to this, the patient was not told of the risks of nerve damage or the potential development of CRPS related to surgery.

Carpal tunnel decompression was therefore carried out as the patient was led to believe that surgery was the only apparent option available to her.  Following such surgery, the patient unfortunately developed a severe shooting and stabbing pain in the hand and forearm which was later diagnosed as CRPS.  These problems are permanent and likely to affect the patient for life.

Having instructed Axiclaim’s solicitors, a case was put to the Defendant Trust on the basis that had the patient been informed of the conservative treatment options available and of the risks of suffering nerve damage or the development of CRPS, surgery would have been declined.  The patient would therefore not have suffered CRPS.

No admissions were made by the Defendant Trust but a settlement offer was made by the Trust to reflect the risks they had in the case. The Defendant alleged that the patient had been informed of the risks of nerve injury and that the patient accepted the risk. This was an assertion, which the patient strongly disputed. After further negotiations, the patient accepted £75,000 in full and final settlement covering an amount for the patient’s pain and suffering as well as care and assistance, loss of earnings and future treatment costs. The case was settled on a risk basis given that the facts hinged largely on evidential issues and in particular the discussion that took place between the clinician and the patient.