Compensation awarded as a result of damage to nerve

Clinical Negligence case report: £110,000 awarded as result of damage to accessory nerve during hospital operation

Our client developed disseminated tuberculosis further to which he developed an abscess on the left side of his lower neck. Once the neck abscess had healed, our client was left with an unsightly scar. He later went to the Chelsea & Westminster Hospital where he underwent revision of the scar.

However, following the surgery, our client suffered an excruciating pain plus loss of power in his left arm. Further to subsequent review and investigations, our client was advised that his accessory nerve had been severed during the surgery.

Although our client then underwent corrective surgery, he continues to feel severe pain and also experiences considerable loss of power and function.

We sent the Defendants a Letter of Claim, following which they admitted breach of duty in severing the accessory nerve during the original surgery.

With regards to causation, they admitted that this had caused damage to the accessory nerve and that it will have caused weakness and wasting of the trapezius muscle however, they denied that causation had caused our client to suffer from pain and weakness.

The matter was subsequently settled in our client's favour for the sum of £110,000.

Nina Ali
Clinical Negligence Team
Hodge Jones & Allen

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