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Medical negligence – Negligent surgery/ failure to organise appropriate surgery – Quantum. Court of Session: In an action in which the defenders admitted liability for negligent operations on the pursuer, who had fractured the neck of his left femur in a fall, and negligent failure to organise appropriate surgery when he was suffering chronic infection, which resulted in him becoming effectively wheelchair‑bound, the court held that an appropriate award for solatium was £135,000, that no deduction in relation to accommodation costs should be made because the pursuer now had a bigger and better property, that a total of 49 hours of care per week should be allowed, but that the costs of setting up and administering a personal injury trust and the costs of a case manager were not recoverable from the defenders.
Medical negligence – Negligent surgery/ failure to organise appropriate surgery – Quantum. Court of Session: In an action in which the defenders admitted liability for negligent operations on the pursuer, who had fractured the neck of his left femur in a fall, and negligent failure to organise appropriate surgery when he was suffering chronic infection, which resulted in him becoming effectively wheelchair‑bound, the court held that an appropriate award for solatium was £135,000, that no deduction in relation to accommodation costs should be made because the pursuer now had a bigger and better property, that a total of 49 hours of care per week should be allowed, but that the costs of setting up and administering a personal injury trust and the costs of a case manager were not recoverable from the defenders.
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By David Green
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