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Pryers successfully brought a medical negligence claim against Mr C’s GP, after he sustained nerve damage in what should have been a routine cyst removal.

Mr C attended his doctor with a lump in the left side of his neck. The lump was not causing him pain or any other symptoms.

The GP advised that the lump was a small cyst. The cyst was not dangerous and could be left where it was without any damage to Mr C. However, his GP recommended that the cyst be removed at the doctor’s surgery under a local anaesthetic.

Mr C was not told anything about the risks and benefits of the removal procedure. He was not asked to sign a Consent Form or any documentation of that nature. He was therefore unaware that there was a risk of nerve damage.

In the course of the surgery, the GP cut through Mr C’s accessory nerve. This is the nerve which helps to control shoulder function.

Post operatively Mr C suffered pain in his neck and shoulder. The GP was unaware of his error and failed to recognise that there was a potential nerve injury.

It was not until around three months later that Mr C was referred to a Neurologist and was diagnosed with an accessory nerve injury.

Pryers’ investigations confirmed that the GP care afforded to Mr C was negligent in several respects. There was an inadequate consent process before the surgery and then the surgery itself was substandard. Division of the accessory nerve was care so poor that it amounted to negligence.

Mr C required surgery to repair the nerve and extensive physiotherapy afterwards.

Despite dedicated rehabilitation, Mr C has been left with ongoing impairment of his shoulder function.

With Pryers’ assistance, Mr C received a total of £55,000 in compensation for his injuries and the financial losses he had suffered as a result.

Settlement £55,000
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We were pleased to be able to help Emma claim compensation for the poor care she received from her local hospital.

Robyn Hawxby is a Partner at Pryers Solicitors. She is adept in advising claimants in complex injury claims, as acknowledged in this year's addition of @ChambersGuides.

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