Case Studies

No Win, No Fee

Nerve injury compensation for routine cyst removal

Axiclaim’s Solicitors have successfully recovered compensation of £35,000 for a patient who sustained nerve damage in the course of what was supposed to be a routine minor procedure.


When Mr C underwent a day case surgery to remove a small cyst in his neck, he did not expect to leave with a serious nerve injury. In the course of the surgery, the surgeon mistakenly sliced through Mr C’s accessory nerve. The accessory nerve in the neck is one of the cranial nerves, which originate in the brain. This nerve supplies the muscles which control head, neck and shoulder movement.


Mr C understood the cyst removal to be a very minor procedure and was told nothing at all about the potential risks. Despite very strict national guidelines on patient consent, Mr C was not provided with any information about the possibility of serious injury during the operation, nor was he asked to sign a consent form.


Post operatively Mr C felt very unwell and suffered pain in his neck and shoulder on the side where the surgery had been performed. He regularly attended his GP complaining of the same symptoms but was repeatedly reassured that this was nothing to worry about and would improve with time.


Unfortunately, Mr C’s condition did not improve and months after the surgery it was eventually confirmed that he had suffered a significant nerve injury during the cyst removal.


Unbeknown to Mr C, in the course of the surgery, the surgeon had sliced through his left accessory nerve, the nerve crucial to his shoulder function.


Mr C underwent a surgical repair of the nerve and required extensive physiotherapy and rehabilitation. He did see some improvement but was unfortunately left with a degree of shoulder function impairment. It was hoped that with additional therapy this would recover further over time.


Axiclaim’s Solicitors negotiated an out of court settlement of £35,000.The Defendant Hospital also paid all of Mr C’s legal costs.


For more information on surgical injury claims click here and here.